Are our children protected? — Amar-Singh HSS

MARCH 14 — Children in Malaysia are not infrequently open to abuse and neglect, and also to poor or inaccurate decisions made by their parents or carers. It is the responsibility of the government and all of us to protect children and especially not fail those who are vulnerable or at risk. In writing this letter I am not against parents, I am for children. Children are often not able to speak up for their rights.

They are fragile and often not able to fight for their own needs.

Legislation to protect children has been in place since 1991. Initially as the Child Protection Act 1991 and then revised as the Child Act 2001. This act is currently in the process of being revised again. While it is true that some significant changes are required, however the key issue is not its revision as much as its use.

More than 25 years after United Nations Convention on the Rights of the Child (UNCRC) has been passed at the UN and more than 20 years after Malaysia has ratified the Convention (1995) much is still left to be desired. It is important to ask if the Child Act is actually used to protect children in Malaysia.

Children in need of protection under the Child Act:

· Abused (physical, sexual, emotional)

· At risk of being abused

· Parent or guardian unfit

· Child neglected, abandoned

· Child left without reasonable supervision

· Child requires examination, investigation or treatment

· Child likely to harm self

· Serious child-parent conflict

· Parents allow child to beg, illegal activities

Not uncommonly the rights of children are abused in preference for parental rights or needs. One of the major problems in protecting children is that many officers in the Welfare, Health or Police departments believe that parents have sole rights over their children. They do not realise that the Child Act has been written to protect children when their parents make bad decisions or may harm their children. These problems are best illustrated by taking some common examples which happen throughout the country every day.

Failure of Health Professionals to Protect Ill Children

A 9 month old child comes to the hospital emergency department and requires urgent medical treatment for a pneumonia. He is breathless with low oxygen levels. The medical team wants to admit the child but the parents want out-patient treatment and to go home. Despite explaining the risks, the parents are adamant. The Child Act is clear in such circumstances, the child is in need of treatment and, if parents refuse, doctors have the mandatory legal obligation to take the child into care. Welfare officers should be notified under the Child Act so that the court can be informed for appropriate custody. Every week dozens of children, in a similar situation, are denied basic health care all over the country because doctors fail to use the Child Act.

Similarly it is illegal under the Child Act for parents to take their child out of hospital against medical advice; discharge against medical advice or at own risk discharge (AOR). But this is happening daily with little action by Ministry of Health or Welfare to stop it. Individual doctors try to protect and support these children but the system is not supportive. Some doctors call the Welfare Department for action but not all departments in the country are responsive.

The Child 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.

Failure of the Welfare Department to Protect Children

It has been extremely painful to witness thousands of abused children over the decades I have worked. Even more painful has been to see the system fail them when they are identified. The Welfare Department is grossly understaffed and poorly trained to carry out its function. Most children who are identified as abused get very few visits by Welfare 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 grossly 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 as required by the Child Act. Some Welfare Officers also often refuse to deal with immigrant children, failing to recognise the Child Act mandates that they protect all children in Malaysia.

Police Seldom use the Child Act

Although Police Officers are well versed with the Penal Code they are poorly informed about the Child Act; the average policeman is ignorant about the Child Act. Too often police fail to support a child in need of support because they are waiting for a police report. The Child Act clearly designates Police Officers as advocates and empowers them to take a child into temporary custody. Too often I meet indifferent officers rather than proactive ones.

The procedure in handling abuse children also requires a serious re-vamp. We desperately require more sensitive, female inspectors to support children. The very small percentage of sexually abused children that actually reach the courts speaks about the poor system we have to obtain some justice for these children.

Combine Failure of Welfare, Health and Police

Police, Welfare and Health often close child abuse cases or dismiss them when parents are persuaded to withdraw a police report. The Child Act makes it very 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 by a fine of RM 5,000 and/or prison of up to 2yrs. Yet this behaviour is common place in the system and many children are failed.

Religious Authorities Deny the Child Act

The many child marriages in our nation are a disgrace. Marrying a 14 year old young girl to a 42 year old man as his second wife is against the spirit of the Child Act and a denial of the child’s rights. Even worse are some religious officers who knowingly marry a sexual abuser to the abused child. The marrying of sexual predators to their victims by religious authorities 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 a number of religious orphanages or organisations using children under their care to beg for donations. These children are often left unattended at fast food outlets, petrol stations and shopping centres to solicit funds. This contravenes the Child Act and more importantly puts these young children and teenagers at serious risk of harm.

Failure of the Government to Protect Children

It is also illegal under the Child Act for the government of Malaysia to deny any child, Malaysian or of unknown citizenship or abandoned or foreign the appropriate healthcare they deserve. The Child Act is not just for Malaysian children but covers and protects all children in Malaysia. Children who face critical situations like medical emergencies are required to be offered support under the Act. However the government has made healthcare difficult to access for the parents of children of unknown or foreign citizenship by imposing fees that prohibit the use of our health system.

The Media and the Child Act

We value the media in our lives but also expect them to have high ethical standards. As such it is distressing to see our media occasionally disregard the sensitivities of children, especially the abused. The Child Act 2001 clearly spells out the restrictions on media reporting and publication regarding vulnerable children. All too often a police press conference reveals sensitive personal details and the media reporting discloses the identity of the child. The confidentiality of the child and parents/guardians is vital to maintain.

A way forwards?

While we continue to revise an already functional Child Act, can I make a plea for us to actually use it. At times I feel it may be necessary to an officer who has failed a child to court and charge them, so that the reality of the Child Act will take place in our country. It is also vital that medical schools know and train doctors in this important legislation. Most medical schools appear clueless as to child rights and the correct legal issues in dealing with children and their parents. This would also apply to training of the Police & Welfare officers.

We cannot achieve developed nation status as long as we deny our children their basic rights.

The children of our country need our support.

The laws, system and infrastructure are there. The reality is not.

It is time to “make the right real”.

Time to stop failing many children every day.

Time to move away from our archaic, feudal, non-Godly mentality and gift children with what is innately theirs - their Rights.

* Datuk Dr Amar-Singh HSS is a senior consultant paediatrician and head of the Paediatric Department, Hospital RPB Ipoh, Perak.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail Online.