LAWS to protect children have been in place since 1991. Initially as the Child Protection Act 1991 and then revised as the Child Act 2001.
This Act is being revised again. However the key issue is not its revision as much as its use. Is the Child Act actually used to protect children.
The key agencies that deal primarily with children are welfare, health and the police. But many of the officers working in these agencies do not know the Child Act well and, even worse, often do not use it.
Many officers believe that parents have sole rights over their children. They do not realise that the Child Act aims to protect children when their parents make bad decisions or may harm their children.
It is illegal for parents to take their child out of hospital against medical advice; discharge against medical advice or at own risk discharge.
Individual doctors try to protect and support these children but the system is not supportive. Some doctors call the Welfare Department but not all departments are responsive.
The Act also offers clear support to health professionals to obtain consent for important and lifesaving procedures via the Welfare Department when parents are not able to or in disagreement. However, many doctors do not know how to make this happen.
The Welfare Department is grossly understaffed and its officers poorly trained to carry out its function. Most abused children get very few visits by officers.
One year after being identified as sexually abused, many children are no longer on any Welfare
Department follow-up and often have had no more home visits.
I work with wonderful welfare officers who try very hard and are often called in during weekends. The majority are overworked and cannot cope with the volume of abused kids.
Other common failures of some welfare departments include a failure to keep an adequate, functional register of abused children.
Some officers often refuse to deal with immigrant children, failing to recognise the Act mandates that they protect all children.
Although police officers are well versed with the Penal Code they are poorly informed about the Child Act.
Too often police fail to support a child in need because they are waiting for a police report. The Act designates police officers as advocates and empowers them to take a child into temporary custody.
The procedure in handling abused children also requires a revamp. We desperately require more sensitive, female inspectors to support children.
Police, welfare and health often close child abuse cases or dismiss them when parents are persuaded to withdraw a police report.
The Act makes it clear that even the suspicion of abuse, neglect or parental failure requires a mandatory report to the Welfare Department for investigation.
Parents may withdraw a police report of abuse but we are required by law to act on the suspicion of abuse, neglect or lack of healthcare that has been brought to our notice. Failure to do so is punishable.
The many child marriages are a disgrace and a denial of the child's rights. Even worse are some religious officers who knowingly marry a sexual abuser to the abused child.
This is a blatant abuse of child rights and denies the existence of the Child Act. That these religious authorities can ignore our fundamental legislation for children's rights and impose their own interpretation, speaks of the failure of our government to protect its people, the weakest being children.
We also see some religious orphanages or organisations using children under their care to beg for donations. These children are often left unattended to solicit funds. This contravenes the Act and puts these young children and teenagers at serious risk of harm.
It is also illegal for the government to deny any child, Malaysian or of unknown citizenship or abandoned or foreign the appropriate healthcare they deserve. The Act covers and protects all children in Malaysia.
Children who face critical situations like medical emergencies are required to be offered support. However, the government has made healthcare difficult to access for the parents of children of unknown or foreign citizenship by imposing high fees.
We value the media but expect them to have high ethical standards. It is distressing to see our media occasionally disregard the sensitivities of children, especially the abused.
The Act clearly spells out the restrictions on media reporting and publication regarding vulnerable children.
All too often a police press conference reveals sensitive details and the media reporting discloses the identity of the child. The confidentiality of the child and parents/guardians is vital to maintain.
It is also vital that medical schools know and train doctors in this important legislation.
Datuk Dr Amar-Singh
Senior Consultant Paediatrician
This Act is being revised again. However the key issue is not its revision as much as its use. Is the Child Act actually used to protect children.
The key agencies that deal primarily with children are welfare, health and the police. But many of the officers working in these agencies do not know the Child Act well and, even worse, often do not use it.
Many officers believe that parents have sole rights over their children. They do not realise that the Child Act aims to protect children when their parents make bad decisions or may harm their children.
It is illegal for parents to take their child out of hospital against medical advice; discharge against medical advice or at own risk discharge.
Individual doctors try to protect and support these children but the system is not supportive. Some doctors call the Welfare Department but not all departments are responsive.
The Act also offers clear support to health professionals to obtain consent for important and lifesaving procedures via the Welfare Department when parents are not able to or in disagreement. However, many doctors do not know how to make this happen.
The Welfare Department is grossly understaffed and its officers poorly trained to carry out its function. Most abused children get very few visits by officers.
One year after being identified as sexually abused, many children are no longer on any Welfare
Department follow-up and often have had no more home visits.
I work with wonderful welfare officers who try very hard and are often called in during weekends. The majority are overworked and cannot cope with the volume of abused kids.
Other common failures of some welfare departments include a failure to keep an adequate, functional register of abused children.
Some officers often refuse to deal with immigrant children, failing to recognise the Act mandates that they protect all children.
Although police officers are well versed with the Penal Code they are poorly informed about the Child Act.
Too often police fail to support a child in need because they are waiting for a police report. The Act designates police officers as advocates and empowers them to take a child into temporary custody.
The procedure in handling abused children also requires a revamp. We desperately require more sensitive, female inspectors to support children.
Police, welfare and health often close child abuse cases or dismiss them when parents are persuaded to withdraw a police report.
The Act makes it clear that even the suspicion of abuse, neglect or parental failure requires a mandatory report to the Welfare Department for investigation.
Parents may withdraw a police report of abuse but we are required by law to act on the suspicion of abuse, neglect or lack of healthcare that has been brought to our notice. Failure to do so is punishable.
The many child marriages are a disgrace and a denial of the child's rights. Even worse are some religious officers who knowingly marry a sexual abuser to the abused child.
This is a blatant abuse of child rights and denies the existence of the Child Act. That these religious authorities can ignore our fundamental legislation for children's rights and impose their own interpretation, speaks of the failure of our government to protect its people, the weakest being children.
We also see some religious orphanages or organisations using children under their care to beg for donations. These children are often left unattended to solicit funds. This contravenes the Act and puts these young children and teenagers at serious risk of harm.
It is also illegal for the government to deny any child, Malaysian or of unknown citizenship or abandoned or foreign the appropriate healthcare they deserve. The Act covers and protects all children in Malaysia.
Children who face critical situations like medical emergencies are required to be offered support. However, the government has made healthcare difficult to access for the parents of children of unknown or foreign citizenship by imposing high fees.
We value the media but expect them to have high ethical standards. It is distressing to see our media occasionally disregard the sensitivities of children, especially the abused.
The Act clearly spells out the restrictions on media reporting and publication regarding vulnerable children.
All too often a police press conference reveals sensitive details and the media reporting discloses the identity of the child. The confidentiality of the child and parents/guardians is vital to maintain.
It is also vital that medical schools know and train doctors in this important legislation.
Datuk Dr Amar-Singh
Senior Consultant Paediatrician