In Malaysia, tackling the pervasive issue of violence against women and children has been a priority for governmental and non-governmental bodies alike. With a multi-cultural-religious society, where approximately 60% of the population identifies as Muslim, Malaysia has navigated its legal landscape to ensure the protection and well-being of all citizens, irrespective of gender or age, as it was disclosed at Asian Women's Forum, convened in Samarkand, Uzbekistan on May 13.
Legal Framework and Initiatives
Prior to 1991, Malaysia lacked specific provisions to safeguard women and children from violence. The legal recourse was limited to general provisions in the Penal Code. However, significant strides were made with the enactment of the Child Protection Act in 1991 and the subsequent passage of the Domestic Violence Act in 1994. These legislative measures were pivotal in addressing violence within familial settings, providing legal mechanisms to protect victims and prosecute offenders.
Subsequently, Malaysia ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1995, leading to the amendment of Article 8 of the Federal Constitution. This amendment underscored Malaysia's commitment to gender equality and the elimination of discrimination against women.
Domestic Violence
Despite legislative interventions, cases of domestic violence persisted. The enactment of the Domestic Violence Act in 1994 aimed to address this issue directly. Amendments in 2012 further strengthened the Act, introducing Emergency Protection Orders accessible through the Welfare Department, streamlining the process for victims to seek protection without the complexities of court proceedings. Moreover, the establishment of One Stop Crisis Centers (OSCC) in government hospitals provided round-the-clock support to victims of abuse.
Rape and Sexual Crimes
Rape remains a grave concern, with cases reported under sections 375 and 376 of the Penal Code. The establishment of the Sexual Offences Against Children Act in 2017, with subsequent amendments in 2024, underscored Malaysia's commitment to protecting minors from sexual exploitation and abuse. Specialized units within the Royal Malaysian Police, such as the Sexual Crime and Children Division (D11), were tasked with investigating cases involving sexual violence against women and children.
Child Marriage
Recognizing child marriage as a significant human rights issue, Malaysia undertook legislative reforms to raise the minimum age of marriage. Amendments to the Law Reform (Marriage and Divorce) Act in 2018 set the legal age at 18 for both males and females. Additionally, state-level Shariah Courts implemented Standard Operating Procedures (SOP) to regulate and reduce instances of child marriage.
Islamic Laws
Islamic Family Laws, applicable to Muslims, underwent amendments to include provisions addressing domestic violence and divorce on grounds of abuse. These amendments aimed to align religious practices with modern legal standards, ensuring the protection of women within Islamic jurisprudence.
Malaysia's adherence to international conventions, including CEDAW and the Convention on the Rights of the Child (CRC), underscored its dedication to safeguarding women and children's rights. Constitutional amendments and legislative reforms aligned Malaysia's legal framework with international standards, signaling a progressive stance towards gender equality and human rights.
Legislative reforms, institutional mechanisms, and international collaborations have contributed to significant advancements in protecting vulnerable populations. However, ongoing efforts are imperative to address cultural norms, enhance enforcement mechanisms, and foster a society free from violence and discrimination.
In the words of Prof. Dato Noor Aziah Mohd Awal, "Violence destroys social and family structures. Violence begets violence. There are still many more that could be done to eliminate violence against women and children, and Malaysia chooses to do it through laws. It is through proper enforcement of the laws that we could curb violence, and if it's reduced, we can focus on nation-building."
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