CHILD ABUSE IN MALAYSIA: LEGAL MEASURES FOR THE PREVENTION OF THE CRIME AND PROTECTION OF THE VICTIM

Abstract

Child abuse is not a new phenomenon. It happens all over the world. From the statistic, the case of child abuse is not something that we should take it lightly. Even though many steps have been taken by the government, cases of child abuse keep increasing. Hence, it should be taken seriously and provide the way to protect the victim and to prevent it from happening. In Malaysia, many laws have been passed with the objective of protecting the welfare of the child. In the same time, the law is also tries to prevent the crime from being committed. This paper will discuss the Malaysian Child Act 2001(Act 611) which came into force on 1 August 2002. The Act attempts to promote the right of a child and at the same time aims to implement the United Nation on Children Right Convention (UNCRC). However the discussions will only focusing on the provisions relating to the welfare of the child abuse victim and the rights and responsibilities of publics to prevent child abuse. As the victim of the abuse may later on required to give evidence in the court of law, being a child, it is expected that a normal proceeding could not be applied to them. There should be a special way of obtaining and allowing them to give evidence. In 2007, Evidence of Child Witness Act was passed with the aims to make provisions relating to giving of evidence by child witnesses. It is the aims of this paper to see how such laws are effective in providing the protection to the child abuse victim

Keywords

• Child abuse, Protections, Preventions

References

1. Books
2. Hall, Jean Graham and Martin, Douglas F (1981), Child Abuse: Procedure and Evidence in Juvenile Courts, London:Barry Rose Books.
3. Kassim, Kasmini (1998), Penderaan Emosi Kanak-kanak: Trauma Terlindung, Bangi: Penerbit Universiti Kebangsaan Malaysia.
4. Mohd Yusoof, Jal Zabdi (2010), Jenayah Penderaan Kanak-kanak, Kuala Lumpur: Penerbit University Malaya.
5. Mohd Yusoof, Jal Zabdi (2002), Akta Kanak-kanak 2001: Tanggungjawab untuk Memaklumkan in Siri Undang-undang Mimi Kamariah Majid: Akta Kanak-kanak 2001, Kuala Lumpur: Penerbitan University Malaya.
6. Zulazhar Tahir, (2002), Meninjau Isu Penderaan Kanak-kanak dari Perspekstif Akta Kanak-kanak 2001 in Siri Undang-undang Mimi kamariah Abdul majid: Akta Kanak-kanak 2001, Kuala Lumpur: Penerbitan University Malaya.
7. Journal Articles Williams, Glanville (1987), “More about Videotaping Children-11”,vol 137 NLJ 369.
8. Paul, Augustine (1991), “Child Abuse: The New Law” vol 3 CLJ ixiv.