Types of child abuse..
CHILD ABUSE IN MALAYSIA: LEGAL MEASURES FOR THE
PREVENTION OF THE CRIME AND PROTECTION OF THE VICTIM.
ABSTRACT
Child abuse is not a new phenomenon. It happens all over the world. From the statistic, the case of child abuse is not something that we should take it lightly. Even though many steps have been taken by the government, cases of child abuse keep increasing. Hence, it should be taken seriously and provide the way to protect the victim and to prevent it from happening. In Malaysia, many laws have been passed with the objective of protecting the welfare of the child. In the same time, the law is also tries to prevent the crime from being committed. This paper will discuss the Malaysian Child Act 2001(Act 611) which came into force on 1 August 2002. The Act attempts to promote the right of a child and at the same time aims to implement the United Nation on Children Right Convention (UNCRC). However the discussions will only focusing on the provisions relating to the welfare of the child abuse victim and the rights and responsibilities of publics to prevent child abuse.
ABSTRACT
Child abuse is not a new phenomenon. It happens all over the world. From the statistic, the case of child abuse is not something that we should take it lightly. Even though many steps have been taken by the government, cases of child abuse keep increasing. Hence, it should be taken seriously and provide the way to protect the victim and to prevent it from happening. In Malaysia, many laws have been passed with the objective of protecting the welfare of the child. In the same time, the law is also tries to prevent the crime from being committed. This paper will discuss the Malaysian Child Act 2001(Act 611) which came into force on 1 August 2002. The Act attempts to promote the right of a child and at the same time aims to implement the United Nation on Children Right Convention (UNCRC). However the discussions will only focusing on the provisions relating to the welfare of the child abuse victim and the rights and responsibilities of publics to prevent child abuse.
INTRODUCTION
Child abuse and violence are of global concern and have been an issue long outstanding. Even though many steps have been taken by the government to prevent it, statistic shows that child abuse cases keep increasing. Children experience violence in all spaces most familiar to them: in homes, schools and communities they live in. They also suffer abuse and exploitation in orphanages, in place of detention and on streets. The willful maltreatment of children has been recognized internationally as a matter of great sociological impact with legal significant and medical concern.
DEFINITION OF CHILD
Age is an important factor or criteria in determining whether a person is a child or not. It is important to determine whether a person is considered as a child or not because if he is a child, a specific provisions of law which provides for the protection of a child will be applicable. Therefore, child will be protected from being exploited by the adolescent.
DEFINITION OF CHILD ABUSE
It is actually difficult to define child abuse with precision as there can be no universal meaning based on a broadly acceptable value. (Augustine Paul,1991)
FORMS OF CHILD ABUSE
Child abuse can be divided into four kinds-emotional, physical, sexual and neglect. It usually consists of a pattern of behavior which may include more than one kind of abuse. (Hall & Martin, 1981:2) a. Emotional / psychological Emotional abuse is a psychological trauma that invade the mind turns and layers of protection so that the mind is disturbed for a short or long term according to the intensity of the trauma that happened. (Kassim,1998). It may takes in the form of failure to meet a child’s need for affection, attention and stimulation (even though good physical care may be provided) or that may be constant verbal abuse, rejection, threat of violence or attempts to harm the child.(Hall, 1981:3). It may also refer to the negative behavior of the parents or guardians towards children under their custody. (Jal Zabdi, 2010:18).
b. Physical abuse
Physical abuse occurs when a child is injured by a parent or guardian. Act or omission would amount to ‘physical abuse’ if they occur intentionally or with intent to injure the child. The examples of physical abuse are kicking, punching, shaking, strangling, beating until he passed out and broke the bones. While injuries which are always associated with physical abuses are bruises, scratches, brain damage, bleeding and some cases involving death.
c.. Sexual abuse
Sexual abuse is defined as involvement of children in sexual activities that they do not fully understand what is being done or the impact of the consent given, or the act is something contrary to role of the family. The example of sexual abuse included the act of having sex with a child, rape, incest, exposing genitals, sexual sadist, child prostitution and child pornography images. Molesting acts like holding, kissing, rubbing private parts of children and unnatural sexual behavior are also sexual abuses.
Neglect
Neglect can be defined as the persistent and serious failure to provide basic physical, emotional and development needs in terms of health, education, emotional development, nutrition, shelter and safe life for children. (Malaysia’s National Policy). Neglect occurs when caretakers fail to provide children with essential food, clothing, shelter, medical care, education, nurturance, or love.
Child abuse and violence are of global concern and have been an issue long outstanding. Even though many steps have been taken by the government to prevent it, statistic shows that child abuse cases keep increasing. Children experience violence in all spaces most familiar to them: in homes, schools and communities they live in. They also suffer abuse and exploitation in orphanages, in place of detention and on streets. The willful maltreatment of children has been recognized internationally as a matter of great sociological impact with legal significant and medical concern.
DEFINITION OF CHILD
Age is an important factor or criteria in determining whether a person is a child or not. It is important to determine whether a person is considered as a child or not because if he is a child, a specific provisions of law which provides for the protection of a child will be applicable. Therefore, child will be protected from being exploited by the adolescent.
DEFINITION OF CHILD ABUSE
It is actually difficult to define child abuse with precision as there can be no universal meaning based on a broadly acceptable value. (Augustine Paul,1991)
FORMS OF CHILD ABUSE
Child abuse can be divided into four kinds-emotional, physical, sexual and neglect. It usually consists of a pattern of behavior which may include more than one kind of abuse. (Hall & Martin, 1981:2) a. Emotional / psychological Emotional abuse is a psychological trauma that invade the mind turns and layers of protection so that the mind is disturbed for a short or long term according to the intensity of the trauma that happened. (Kassim,1998). It may takes in the form of failure to meet a child’s need for affection, attention and stimulation (even though good physical care may be provided) or that may be constant verbal abuse, rejection, threat of violence or attempts to harm the child.(Hall, 1981:3). It may also refer to the negative behavior of the parents or guardians towards children under their custody. (Jal Zabdi, 2010:18).
b. Physical abuse
Physical abuse occurs when a child is injured by a parent or guardian. Act or omission would amount to ‘physical abuse’ if they occur intentionally or with intent to injure the child. The examples of physical abuse are kicking, punching, shaking, strangling, beating until he passed out and broke the bones. While injuries which are always associated with physical abuses are bruises, scratches, brain damage, bleeding and some cases involving death.
c.. Sexual abuse
Sexual abuse is defined as involvement of children in sexual activities that they do not fully understand what is being done or the impact of the consent given, or the act is something contrary to role of the family. The example of sexual abuse included the act of having sex with a child, rape, incest, exposing genitals, sexual sadist, child prostitution and child pornography images. Molesting acts like holding, kissing, rubbing private parts of children and unnatural sexual behavior are also sexual abuses.
Neglect
Neglect can be defined as the persistent and serious failure to provide basic physical, emotional and development needs in terms of health, education, emotional development, nutrition, shelter and safe life for children. (Malaysia’s National Policy). Neglect occurs when caretakers fail to provide children with essential food, clothing, shelter, medical care, education, nurturance, or love.
CONCLUSION
Despite significant strides made by the government in improving child protection measures, in recent year, the cases of child abuse keep increasing. The laws and procedures alone cannot solve the problem. It is only one of the methods of providing solution to the problem. More efforts have to be taken to make the society aware that child abuse is a crime and can causes a country the loss of the loss of human potential.
BIBLIOGRAPHY
Books Hall, Jean Graham and Martin, Douglas F (1981), Child Abuse: Procedure and Evidence in Juvenile Courts, London:Barry Rose Books.
Kassim, Kasmini (1998), Penderaan Emosi Kanak-kanak: Trauma Terlindung, Bangi: Penerbit Universiti Kebangsaan Malaysia
. Mohd Yusoof, Jal Zabdi (2010), Jenayah Penderaan Kanak-kanak, Kuala Lumpur: Penerbit University Malaya.
Journal Articles
Williams, Glanville (1987), “More about Videotaping Children-11”,vol 137 NLJ 369.
Paul, Augustine (1991), “Child Abuse: The New Law” vol 3 CLJ ixiv.
Despite significant strides made by the government in improving child protection measures, in recent year, the cases of child abuse keep increasing. The laws and procedures alone cannot solve the problem. It is only one of the methods of providing solution to the problem. More efforts have to be taken to make the society aware that child abuse is a crime and can causes a country the loss of the loss of human potential.
BIBLIOGRAPHY
Books Hall, Jean Graham and Martin, Douglas F (1981), Child Abuse: Procedure and Evidence in Juvenile Courts, London:Barry Rose Books.
Kassim, Kasmini (1998), Penderaan Emosi Kanak-kanak: Trauma Terlindung, Bangi: Penerbit Universiti Kebangsaan Malaysia
. Mohd Yusoof, Jal Zabdi (2010), Jenayah Penderaan Kanak-kanak, Kuala Lumpur: Penerbit University Malaya.
Journal Articles
Williams, Glanville (1987), “More about Videotaping Children-11”,vol 137 NLJ 369.
Paul, Augustine (1991), “Child Abuse: The New Law” vol 3 CLJ ixiv.
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