Comply fully with UN Convention on the Rights of the Child; withdraw all reservations

In conjunction with the “Legal Symposium on Children’s Rights to Access to Justice and Effective Remedies” on 10 June, the Malaysian Bar issues an urgent call to action regarding the state of children’s rights in our nation. 

While Malaysia formally acceded to the United Nations Convention on the Rights of the Child (UNCRC) on 17 February 1995, our legal and moral commitments remain fundamentally incomplete due to prolonged and regressive reservations, which impair Malaysia’s commitment to human rights and child rights.

These five reservations (meaning statements of non-compliance or “opt-outs”) to the following fundamental articles of the UNCRC have no place among civilised nations and must be withdrawn forthwith:

• Article 2: The universal protection against discrimination for all children
• Article 7: The right to immediate birth registration, a legal identity and the right to acquire a nationality
• Article 14: The freedom of thought, conscience and religion
• Article 28(1)(a): The universal access to free and compulsory primary education
• Article 37: Comprehensive protection from torture, cruel treatment and the arbitrary deprivation of liberty

The Malaysian Bar takes the view that the perpetuation of these reservations is unconstitutional and unlawful. Under Article 19(c) of the Vienna Convention on the Law of Treaties, a state is strictly prohibited from formulating or maintaining reservations that are incompatible with the object and purpose of a treaty.

By blocking foundational pillars, Malaysia’s reservations hollow out the core human rights protections the UNCRC was designed to guarantee.

Cross-referencing and implementing the concluding observations by the Committee on the Rights of the Child

The Malaysian Bar echoes the critical legal and systemic recommendations presented at the legal symposium, which align with the 2026 concluding observations by the Committee on the Rights of the Child, whereby Malaysia must:

• adopt a harmonised standard for every child to eliminate legal contradictions and to build a unified system of protection
• formulate a definitive national action plan to eradicate childhood statelessness
• establish child-friendly channels for children to blow the whistle on rights abuses
• secure immediate, independent age checks so no child is mistakenly prosecuted under adult laws
• not just see, but also hear the children, ensuring their voices formally shape the legal outcomes that rule their lives
• repeal indefinite detention of children to ensure justice offers a clear path back home
• protect children from harm across all environments, guaranteeing comprehensive safety from state, school and domestic violence
• outlaw child marriage and forced medical procedures to guard bodily autonomy
• end immigration detention for minors and guarantee access to healthcare
• treat children on the streets humanely as victims of hardship, not criminals
• raise the threshold for criminal responsibility from 10 years old to at least 14
• ratify the Third Optional Protocol on a Communications Procedure to allow children or their representatives to bring complaints to the Committee on the Rights of the Child

A living illustration of systemic cruelty: the ordeal of Minara Bibi

The unacceptable conditions prevailing in Malaysia were starkly illustrated by the heartbreaking case of Minara Bibi Nur Boshor v Pendakwa Raya (2024), a milestone matter where the High Court was forced to intervene to quash immigration charges against a vulnerable child.

In that case, a Rohingya child from Myanmar was arrested and subjected to criminal prosecution under Section 6(1)(c) of the Immigration Act 1959/63.

Due to the absence of immediate age-verification safeguards, she was initially treated as an adult and detained in the Kajang Women’s Prison until a subsequent dental report confirmed her minority status as a child of only 15 to 16 years old.

Shockingly, even after the United Nations High Commissioner for Refugees (UNHCR) subsequently conducted an assessment of her asylum claim in a prison interview and formally verified her status as a registered “person of concern” requiring international protection, the prosecution stubbornly persisted with the criminal charges in the Juvenile Court, subjecting her to prolonged and harmful remand detention.

An appalling state of affairs

Further, the recent Sabah Child Wellbeing Index reveals an appalling state of affairs: across the general population, a mere 6.1% of children in the Sabah study met the basic threshold for living in a safe and harmonious environment.

The realities faced by marginalised children are horrific: an abysmal 0.6% of undocumented or stateless children met the required threshold for basic health, and only 2.7% met the threshold for learning.

These figures demonstrate that legal barriers and systemic inertia are actively failing the most vulnerable persons – children.

Professional intervention

To truly operationalise these international mandates, Malaysia must fully utilise and protect the domestic statutory mechanisms already at our disposal.

The Malaysian Bar echoes the urgent reminder delivered by Suhakam’s chief children commissioner Dr Farah Nini Dusuki, who, during the symposium, highlighted sections 26 and 123 of the Child Act 2001.

These critical provisions provide statutory immunity, shielding medical practitioners and social workers from legal liability when reporting child protection concerns or intervening in good faith in the best interest of the child.

Dr Farah Nini Dusuki reassured frontline actors that “if adverse consequences were to take place because of the intervention, you will be protected as though consent was given (unless of course in the event of negligence)”.

Delivering effective remedies

Moving from legal theory to systemic enforcement requires a robust pipeline of dedicated legal practitioners.

Speaking on the strategic role of the Bar, Suhakam commissioner Melissa Akhir highlighted that the realisation of holistic child justice depends heavily on the willingness of the legal community to champion these vulnerable causes.

She expressed her strong hope to see an increase in the number of lawyers taking up cases involving children’s rights, noting that strategic litigation is a primary vehicle for testing current boundaries, challenging arbitrary administrative actions and delivering effective remedies which are realistic for children.

The Malaysian Bar stands fully aligned with Suhakam in this mission and acknowledges that safeguarding the next generation requires the Bar’s unwavering commitment to supporting strategic litigation initiatives in protecting child rights and human rights.

Conclusion

Malaysia has fallen far short of the mark in protecting child rights. Malaysia must remove all remaining reservations to the UNCRC forthwith.

The Malaysian Bar calls upon all political parties and the government to commit to a strict, transparent timeline to immediately withdraw Malaysia’s remaining reservations to the UNCRC. – Bar

Anand Raj is the president of the Malaysian Bar president.