KUALA LUMPUR, April 18 — The Malaysian Human Rights Commission (Suhakam) expressed concern today that the recent Child Act 2001 amendments did not include a prohibition on child marriages.
“The Commission therefore urges the government to amend all domestic laws to raise the legal age of marriage for all to 18 years, to be in compliance with the Child Act which defines children as those below the age of 18,” Suhakam chairman Tan Sri Hasmy Agam said in a statement.
Recently, Minister in the Prime Minister’s Department Nancy Shukri said minors must obtain written consent from their respective state mentri besar or chief minister if they want to get married, claiming that this was a new requirement in the amended Child Act. In Malaysia, the legal minimum age for marriage under civil law for both genders is 18.
Shariah laws here places the legal marrying age for Muslim boys and girls at 18 and 16, with girls aged below 16 allowed to be married off with the consent of the Shariah court.
Citing United Nations’ statistics, the Joint Action Group for Gender Equality (JAG) said last year that as many as 15,000 Malaysians were married off before the age of 19.
Hasmy also expressed concern today about the lack of sanctions specifically on child pornography and the continued legalisation of caning in primary and secondary schools, though he said he was satisfied with the “comprehensive” amendments to the Child Act that included having two child representatives on the National Council for Children.
“At present, there are no specific penal laws in Malaysia to cover holistically the issue of child pornography,” he said.
Hasmy urged the government to consider amending the Act or the Penal Code to include specific provisions on child pornography.
“While the commission welcomes the substitution of the punishment of whipping on male child with community service, it is concerned the bill does not abolish caning in primary and secondary schools,” he added.
Hasmy said that caning amounted to “cruel punishment” and violated the rights of the child.
