Abstract
The Fourth Industrial Revolution (IR 4.0) has undeniably affected the way of life of people, including children. The rapid development of the internet and digital technology coupled with unlimited, easy, and fast access make children highly susceptible to harm arising from the use of social media, films, or games. This situation may expose children who are beyond control to immense threats due to poor relationships with their parents and family members. The beyond control children may be found anywhere. They are the children who frequently disobey their parents’ orders and are notorious as “status offenders” at the international level. Despite the non-criminal nature of their misbehaviour, children who are beyond control are often treated like criminals through court proceedings and detention orders. Meanwhile, numerous international conventions and guidelines have been signed including the United Nations Convention on the Rights of the Child to protect the welfare of all children. However, to what extent do these conventions protect the children who are beyond control? What are the principles applicable to these children, and how are they protected? Thus, this study was done to analyse the extent of protection provided by international conventions for the rights of children who are beyond control and to suggest suitable programmes for the implementation of the international principles in the IR 4.0 era. This qualitative study employed the library research method for data collection. It analysed numerous documents including international conventions, statutes, books, journals, conference proceedings, and reports. This study found that the international conventions provide protection to the children who are beyond control through several principles including the best interest of the child, family and government responsibilities, institutional placement, prevention of delinquency, and diversion. These principles may be applied through diversionary programmes including counselling, family group conference, family and school programme, and mentoring programme.
Highlights
The world is presently undergoing technology transformation, which will change how humans live, work, and communicate
The Fourth Industrial Revolution (IR 4.0), which is supported by the latest technologies, including Internet of Things (IoT), cloud computing, and cognitive computing, enable speedy interaction unrestricted by borders
“Content risk” denotes immoral or negative online contents such as sexual, pornographic, and violent images, while “contact risk” refers to unsafe communication such as communication with individuals who persuade them to join dangerous or unhealthy acts and “conduct risk” signifies children who commit negative behaviours including posting sexual images and writing hateful materials. These situations may expose children, those who are beyond parental control, to immense threats due to the poor relationships with their parents and families
Summary
The world is presently undergoing technology transformation, which will change how humans live, work, and communicate. Among the common terms used to indicate such behaviour are “beyond control”, “beyond parental control”, “beyond the control of any relevant person”, “parental disobedience”, “incorrigibility”, “unruly behaviour”, “disruptive behaviour”, “difficult behaviour”, “out of control”, “pre-delinquent”, and “ungovernability” (Child Rights International Network, 2009; Kim, 2010) Some of these countries treat beyond control children as victims of abuse or neglect who need care and protection, while other countries manage them as status offenders who may be arrested, detained, and sent to correctional institutions. Some common examples of status offences committed all over the world are: disobedience to parents’ or school’s orders, running away from home, being absent from school, smoking, consuming alcohol, committing immoral behaviour, and violating curfew laws (Child Rights International Network, 2009; US Legal, n.d.). Malaysia and Singapore appear to share the “parental beyond control application” procedure and order whereby parents are given exclusive power to apply for a beyond control order from the court and detention of their children
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