The office of the children’s commissioner of Suhakam reminds all parties to uphold the principles of fairness, dignity and compassion in ensuring a child-sensitive justice system.
The best interests of the child must be the primary consideration in the treatment of child witnesses, ensuring access to justice while protecting them from hardship during the judicial processes.
The Child Act 2001 clearly affirms in its preamble that “Every child is entitled to protection and assistance in all circumstances” – a protection that extends equally to child witnesses.
Complementing this, the Evidence of Child Witness Act 2007 and Evidence of Child Witness (Amendment) Act 2023 were specifically enacted to safeguard child witnesses by introducing child-friendly procedures during court processes.
Importantly, Section 6B of the Evidence of Child Witness Act further requires courts to prohibit improper questions, including those that are misleading, intimidating, humiliating or based on stereotypes. This provision is designed to shield children from psychological, emotional and physical harm while giving evidence.
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Malaysia ratified the United Nations Convention on the Rights of the Child (UNCRC) in 1995, affirming its commitment to uphold the full spectrum of children’s rights. This includes the obligation to ensure that child witnesses and all children in contact with the justice system are treated with dignity, compassion and respect.
In this regard, the office of the children’s commissioner calls upon all legal practitioners, court officers and stakeholders to ensure that these safeguards are consistently implemented in practice, so that children are not re-traumatised by their participation in judicial proceedings. – Suhakam
AGENDA RAKYAT - Lima perkara utama
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
