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Penalty for caning, further studies are required

KUALA LUMPUR: The government has been urged to proceed with caution before criminalising the caning of children, due to concerns that the proposed law may affect the best interests of children and their families.

In a statement today, Umno Wanita chief Datuk Seri Shahrizat Abdul Jalil said authorities should not be rushed into passing the law, which is set to replace the Child Act 2001, and that the provision which imposed penalties on parents who cane their children must studied further in detail.

Shahrizat said as a party to the Convention on the Rights of the Child (CRC), the Malaysian government had a duty to protect children from all forms of abuse by their parents or guardians.

However, she said, Articles 5 and 18 of the CRC also called on state parties to respect and uphold the principle that both parents have common responsibilities for the upbringing and development of the child, in line with local customs.

“In this regard, parents must be given space to discipline their children, but not to the extent of abusing them,” Shahrizat said.

Women, Family and Community Development Minister Datuk Seri Rohani Abdul Karim announced on Saturday that the provision outlawing caning had been included in the new law as part of Malaysia’s commitment to carry out its obligations as a CRC signatory.

Shahrizat, who is Rohani’s predecessor, expressed hopes that the ministry had met with all stakeholders, including parents’ associations, psychology experts, and non-government organisations before making the decision.

“Wanita Umno also calls on the Attorney-General’s Department to meet with all stakeholders, including Wanita Barisan Nasional to receive feedback on the effects that this provision will have,” she said.

She also voiced concerns that the law may lead to forced separations of children from their parents, citing a case last year where a Malaysian couple was detained in Sweden and temporarily separated from their children after being accused of abuse.

Shahrizat said the separation had been criticised by some quarters due to the possibility that it may have contravened Article 9 of the CRC, which states that a child cannot be separated from their parents against their will.

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