The Malaysian Bar takes note of the Early Childhood Care and Education (ECCE) Council’s recent call for the government to legislate on matters pertaining to employees of childcare centres.
The stated purpose of this initiative is to strengthen accountability, prevent neglect and safeguard the welfare of children entrusted to such facilities.
The Malaysian Bar is supportive of any measure that enhances the protection of children.
Malaysia has a clear responsibility to ensure the protection of children, as it has ratified the UN Convention on the Rights of the Child.
In doing so, Malaysia has committed itself to upholding the principles enshrined in the convention, particularly Article 3(1), which requires that in all actions concerning children, whether by public or private social welfare institutions, courts, administrative authorities or legislative bodies, the best interests of the child must be a primary consideration.
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This commitment requires the state to ensure that laws, policies and practices are aligned with the protection and wellbeing of children, safeguarding their rights and ensuring that their voices and interests remain at the forefront of decision-making processes.
Given the alarming rate of child abuse cases and deaths at childcare centres, timely legislation on this matter is urgently needed.
Any bill tabled in Parliament must be carefully drafted to ensure clarity, enforceability and fairness. This includes well-defined standards of training, licensing or registration requirements, and transparent mechanisms for inspection and enforcement.
It is equally important that due process protections are incorporated so that employees are treated fairly and their rights safeguarded, while accountability is upheld.
The Malaysian Bar believes that establishing a framework that professionalises childcare workers, coupled with effective and transparent oversight, is a sound approach. Such a structure would help build public trust, enhance the quality of childcare services, and ultimately protect the best interests of children.
The government must engage widely with stakeholders, including parents, civil society, childcare professionals and legal experts, before finalising any draft law.
The enactment of a law regulating childcare centre employees should not only address immediate concerns of safety and accountability but also reflect Malaysia’s long-term commitment to nurturing a society where children are given every opportunity to thrive.
As the preamble to the Child Act 2001 rightly affirms: “a child is not only a crucial component of such a society but also the key to its survival, development and prosperity.”
Mohamad Ezri Abdul Wahab is the president of the Malaysian Bar.
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