Home Civil Society Voices Introduce ‘diversion mechanism’ for children accused of minor offences

Introduce ‘diversion mechanism’ for children accused of minor offences

Follow us on our Malay and English WhatsApp, Telegram, Instagram, Tiktok and Youtube channels.

The Human Rights Commission of Malaysia (Suhakam) expresses deep concern over reports that a 14-year-old male student has been remanded for two days for allegedly punching and threatening a schoolteacher after being reprimanded for skipping a physical education class.

Suhakam stands in solidarity with the teacher involved and reiterates that violence in any form is unacceptable. Every individual, whether teacher, student or staff has the right to a safe and respectful environment in which to teach and learn.

However, Suhakam also strongly emphasises that children who come into conflict with the law must be treated in a manner that upholds their dignity, rights, and potential for rehabilitation, as guaranteed under the Child Act 2001 and Malaysia’s international commitments, including the UN Convention on the Rights of the Child, adopted by the UN General Assembly on 20 November 1989.

Whilst the nature of this case is serious, the student is protected under Section 15 of the Child Act, which prohibits the media from revealing any identifying details of a child involved in criminal or custody proceedings from media exposure or public condemnation.

This provision reflects the spirit of Article 16 of the Convention on the Rights of the Child, which upholds every child’s right to privacy and protection from unlawful interference with their honour and reputation.

Suhakam reminds all media outlets and the public to respect the privacy of the child. Public identification, speculation or vilification of minors is harmful and may breach this provision.

In light of this and similar incidents, Suhakam urgently calls on the government of Malaysia to establish and implement a formal diversion policy for children in conflict with the law, in collaboration with stakeholders such as the police, welfare services, schools and the judiciary.

READ MORE:  Child witnesses deserve dignity and protection in Malaysia's courts

A diversion mechanism allows children accused of minor or non-violent offences to be redirected away from the criminal justice system into community-based programmes focused on education, counselling and behavioural support.

This approach would not only reduce the risk of criminalisation and social stigma but also address underlying issues such as trauma, neglect or mental health.

Such a policy is not a denial of accountability, but a shift towards restorative and rehabilitative justice, which is proven to be more effective and humane for children.

This incident should serve as a catalyst for reflection on broader systemic issues. It should prompt urgent consideration of whether schools have sufficient proactive and positive behavioural support systems, whether students have timely access to mental health services, and whether teachers are adequately equipped with conflict resolution and trauma-informed strategies.

Suhakam therefore urges the Ministry of Education, school administrators and relevant stakeholders to strengthen holistic, preventive support systems that prioritise the wellbeing of both students and educators.

Malaysia must move beyond punitive responses and embrace a child justice system that reflects compassion, equity and the best interests of the child. Suhakam remains committed to working with the government and civil society to realise this vision. – Suhakam

Dr Farah Nini Dusuki is the children’s commissioner of Suhakam.

The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

AGENDA RAKYAT - Lima perkara utama
  1. Tegakkan maruah serta kualiti kehidupan rakyat
  2. Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
  3. Raikan kerencaman dan keterangkuman
  4. Selamatkan demokrasi dan angkatkan keluhuran undang-undang
  5. Lawan rasuah dan kronisme
Support our work by making a donation. Tap to download the QR code below and scan this QR code from Gallery by using TnG e-wallet or most banking apps:
Subscribe
Notify of
guest
0 Comments
Newest
Oldest Most Voted
Inline Feedbacks
View all comments

Most Read

0
Would love your thoughts, please comment.x
()
x