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Experts of the Committee on the Rights of the Child Commend Malaysia on Progress in Maternal and Infant Health Care, Raise Questions on Penalties for Children who Commit Serious Crimes and Alternatives to Institutionalisation for Children

Meeting Summaries

 

The Committee on the Rights of the Child today concluded its consideration of the combined second to fourth periodic report of Malaysia under the Convention on the Rights of the Child, with Committee Experts commending the State party on progress achieved in maternal and infant health care, while raising questions on penalties for children who had committed serious crimes and alternatives to institutionalisation for children.

Rinchen Chophel, Committee Expert and Country Taskforce Coordinator, commended Malaysia on significant progress achieved in the field of health care, including efforts to improve maternal health care and reduce infant mortality rates. 

Mary Beloff, Committee Vice-Chair and Country Taskforce Member, asked about measures adopted to deal with children who would have been given the death penalty if they were adults?  Had there been any children given the death penalty for terrorism or crimes against the State?  Could they be resentenced retroactively?  Did the same legal protections apply to children for any crimes?  The Committee had read about children who had stayed detained for an indetermined period of time.  Could the State elaborate on diversion programmes and rehabilitation efforts? 

Thuwayba Al Barwani, Committee Vice Chair and Country Taskforce Member, said the 2024 exposure of the widespread abuse of children in institutions underscored a serious systemic failure of Malaysia’s alternative care system, highlighting the urgent need for structural reform of these facilities.  What reforms had been introduced as a result?  How many children had been placed in kinship care, foster care and guardianship since regulations came into force?  What training was provided to foster carers?  What concrete measures had the State taken to ensure affordable, quality care for children in vulnerable situations? 

The delegation said under Malaysian law, children could not be sentenced to death.  If a child had committed a serious offence which would carry the death penalty for an adult, the court must order imprisonment as a penalty.  This detention was not automatic and indefinite; the child’s case was reviewed once per year by an independent body which considered various factors and could recommend early release when appropriate, ensuring rehabilitation remained possible.  Children in prison received education and structured support with the aim of ensuring their reintegration into society when it was safe to do so. This provision was only enacted in exceptional circumstances.

The delegation said since the adoption of regulations, concrete steps had been taken to implement a family-first approach for State care, with institutionalisation used only as a last resort.  Alternative care pathways were provided, prioritising kinship care, foster care and guardianship.  Care givers needed to be assessed as adequate to meet the child’s needs.  A screening process had been set up to assess care givers prior to their appointment.  All children placed in family care were supported by structured case management, including regular visits and reviews to assess the child’s wellbeing and the suitability of the environment.  As of 2025, a total of 5,445 children had been placed under family-based care arrangements.   

Introducing the report, Dato' Sri Hajah Nancy Shukri, Minister of Women, Family and Community Development of Malaysia and head of the delegation, said this year marked 31 years since Malaysia had acceded to the Convention.  Since 2022, the Government had allocated significant funds to key children-related initiatives to scale up school-based nutrition and education support, support preventive child health measures, and continue assistance for vulnerable children and families.  Since the last report, 21 laws had been repealed, amended or introduced to improve the protection and rights of children.  In 2025, the Federal Constitution was amended to grant citizenship to children born abroad to Malaysian mothers. 

In closing remarks, Mr. Chophel commended Malaysia for its commitment to protect every child, which demonstrated a country stepping into a new chapter of high-income status.  Areas which required urgent attention included the withdrawal of reservations to the Convention; legislative alignment with the Convention; strengthening child protection and child justice systems; including refugee, migrant, asylum seeking and stateless children in national systems; fiscal investment in children; and reports pending under the Optional Protocols.

In her concluding remarks, Ms. Shukri thanked the Committee for its careful review and thoughtful questions over the past two days.  The protection, development and participation of children remained key priorities, and commitment to the Convention formed part of Malaysia’s development agenda. 

The delegation of Malaysia consisted of representatives from the Ministry of Women, Family and Community Development; the Ministry of Foreign Affairs; the Ministry of Home Affairs; the Ministry of Education; the Ministry of Health; the Ministry of Human Resources; the Attorney General’s Chamber; the National Security Council; the Department of Islamic Development; and the Permanent Mission of Malaysia to the United Nations Office at Geneva.

The Committee will issue concluding observations on the report of Malaysia at the end of its one hundredth session on 30 January.  Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage.  Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here.

The Committee will next meet in public on Monday, 26 January at 10 a.m. to consider the combined sixth and seventh periodic report of Ethiopia (CRC/C/ETH/6-7).

Report

The Committee has before it the combined second to fourth periodic report of Malaysia (CRC/C/MYS/2-4).

Presentation of Report

DATO' SRI HAJAH NANCY SHUKRI, Minister of Women, Family and Community Development of Malaysia and head of the delegation, said this year marked 31 years since Malaysia had acceded to the Convention.  Since 2022, the Government had allocated significant funds to key children-related initiatives to scale up school-based nutrition and education support, support preventive child health measures, and continue assistance for vulnerable children and families.  In 2022, the Child Development Agency was established, resulting in the reduction of the social worker to children’s cases ratio to one to 20, ensuring better case management to enable the well-being of children who had fallen through the cracks. 

Since the last report, 21 laws had been repealed, amended or introduced to improve the protection and rights of children, including amendments to the sexual offences against children act 2017 to address grooming and online exploitation; updates to the evidence of child witness act 2007 to enhance procedural safeguards for child victims and witnesses; and the enactment of the online safety act 2025, which imposed clear obligations on digital service providers to protect children from online harm.  

In 2025, the Federal Constitution was amended to grant citizenship to children born abroad to Malaysian mothers.  Birth registration remained available to all children born in Malaysia, irrespective of parental documentation status under civil registration laws.  This was complimented by mobile registration units deployed to remote and underserved communities to improve access to legal identity.  From November 2024 to June 2025, more than 12,000 students with identification and document issues had had these successfully resolved.

Malaysia had strengthened its response to violence against children through expanded awareness campaigns, increased use of the 24-hour national care helpline, and improved detection and psychosocial support.  Children’s awareness of their rights had risen significantly, with self-reported cases from children increasing since 2022.  The Government had also updated its framework for handling child sexual abuse, expanded integrated support services, and enacted the legal aid and public defence bill 2025 to ensure equal access to legal assistance for all children, including non-citizens.

Malaysia had launched the national policy on children and its action plan 2025–2030 to strengthen child protection, development, participation and well-being, supported by an integrated multi-agency data dashboard to improve responses to child sexual exploitation and abuse.  The Government had also introduced the national action plan on business and human rights 2025–2030 to ensure private-sector accountability in preventing child exploitation and labour.  Efforts to address child marriage were being reviewed, following the conclusion of the previous strategy, with data showing a decline in cases between 2019 and 2023, while safeguarding children’s rights amid legal and cultural considerations.  Malaysia also continued to prioritise family-based care, placing over 4,000 children in family environments between 2019 and 2024.

Malaysia promoted child and youth participation through formal platforms such as the National Council for Children and the Malaysian Children’s Consultative Council, alongside youth assemblies that contributed to national policy development.  Parliamentary mechanisms, including special select committees and cross-party groups, strengthened oversight on children’s issues, further supported by a 2025 parliamentary briefing with the United Nations Children’s Fund to reinforce lawmakers’ awareness of children’s rights and their role in shaping child-focused legislation and policies.

As of October 2025, Malaysia had made secondary education compulsory and launched the national education plan 2026–2035 to ensure inclusive, future-ready education.  The country maintained strong child health and mental health support, and applied a rehabilitative approach in juvenile justice, strengthening legal safeguards, and advancing child-sensitive immigration measures while limiting detention. Malaysia acknowledged that legal harmonisation remained a challenge and would continue dialogue with stakeholders. The country recognised that realising children’s rights required more than laws; effective implementation, coordinated institutions, sufficient resources, and societal commitments were essential.

Questions by Committee Experts

RINCHEN CHOPHEL, Committee Expert and Country Taskforce Coordinator, said the presence of a Minister leading the delegation of Malaysia emphasised the State’s commitment to building a better life for children.  It had been 19 years since Malaysia’s last dialogue with the Committee, and they looked forward to a free and frank discourse. 

JULIANA SCERRI FERRANTE, Committee Expert and Country Taskforce Member, said Malaysia had maintained reservations to several articles of the Convention.  The Committee understood the cultural and religious implications for this but considered their removal important.  How did the State ensure children were provided with equal rights given these reservations?  Was the State prepared to conduct a full assessment of the legal changes required for Malaysia to fully meet Convention obligations?  What was the plan for multisectoral coordination between departments to fully support children’s rights?  What were the outcomes of the two annual meetings held by the National Council of Children?  How did the child protection framework teams collaborate with other entities?  How was the funding of the Commission of Children, established in 2024, secured? 

With the 2024 amendments to the evidence of child witness act, were there guidelines for judges and lawyers on questioning children?  Was there a difference in legal aid services for civil and criminal cases for children?  Was there a children’s house for interviews to prevent re-traumatisation?  Did agencies working with children receive training on children’s rights?  Could details on the national action plan on business and human rights be clarified? 

What measures did the State propose to enhance data collection processes?  How would the extensive gaps in statistics be addressed?  Was Malaysia planning a national review for fatwas regarding children born out of wedlock?  Would services be extended for asylum seeking children and unaccompanied minors and stateless children?  How would it be ensured that the best interests of the child were prioritised in all decisions?  When would the State amend the child act to ensure children were not detained indefinitely? 

Was there a process to ensure children’s recommendations were formally included in decisions?  What measures existed to ensure their views were respected?  Birth registration for the migrant population seemed to be a big challenge; was there a plan to facilitate this?  Statelessness remained prevalent among vulnerable populations. What was being done to protect against statelessness?  How was the existing gap of citizenship rights for Malaysian mothers being addressed? How did Malaysia plan to align its citizenship laws with human rights standards, including the Convention? 

Was there a plan to amend the peaceful assembly act of 2012 which prohibited children under the age of 15 from participating?  What recent measures had been taken to protect children online, such as monitoring platforms?  Was there international cooperation to investigate online abuse involving children? How was Malaysia addressing online risks related to children?  What was being done to ensure robust protection for children against artificial intelligence-related harms?

MARY BELOFF, Committee Vice-Chair and Country Taskforce Member, asked how Malaysia assessed the impact of all policies on the prevention of family abuse and the sexual exploitation of children?  Had the focus on abuse been changed from reactive to preventative? What concrete measures were being taken to implement the online security act?  Social workers did not have a proper legal status in Malaysia; was the State considering increasing the number of shelters for children outside the capital?  How was it ensured that national systems and policies reached all children, including the most vulnerable?  How were public officials trained to take responsibility for these children? 

Malaysia had adopted many legal instruments to protect children from abuse, but the procedures were similar to the ones applied to adults.  How was it ensured that instruments guaranteed child-friendly justice to children?  How was the State preventing sexual exploitation in the context of tourism? Were professionals trained on how to gather evidence on sexual abuse in this context?  How were trafficking cases differentiated from cases of abuse? 

What measures had been adopted to deal with children who would have been given the death penalty if they were adults?  Had there been any children given the death penalty for terrorism or crimes against the State?  Could they be resentenced retroactively?  Did the same legal protections apply to children for any crimes?  What measures had been adopted to eradicate deeply rooted cultural practices such as corporal punishment? 

There were disparities in the minimum age for marriage.  How did the State tackle the causes of child marriage?  Female genital mutilation was not expressly prohibited in Malaysia, and was supported culturally in some areas.  What was being done to assess the situation?  Had there been progress in child-friendly courts for sexual offences committed against children?  What had been done to ensure legal processes were child friendly? 

THUWAYBA AL BARWANI, Committee Vice Chair and Country Taskforce Member, said institutional care appeared to be a default option in Malaysia.  It was estimated that around 64,000 children, most of whom had living parents, were housed in residential care facilities. Was this number correct?  What was the Government’s plan in terms of deinstitutionalisation?  What programmes were in place to reintegrate these children into society and ensure family reunification?  What measures were in place to ensure children were not separated from their families solely due to poverty, disability or family stress, among other reasons? 

The 2024 exposure of the widespread abuse of children in institutions underscored a serious systemic failure of Malaysia’s alternative care system, highlighting the urgent need for structural reform of these facilities.  What reforms had been introduced as a result?  What had happened to the 600 children who were victims? How many children had been placed in kinship care, foster care and guardianship since regulations came into force? What training was provided to foster carers?  What concrete measures had the State taken to ensure affordable, quality care for children in vulnerable situations?  How did the State ensure full compliance with the Bangkok rules for infants living with incarcerated mothers?  How were complaints investigated? 

Responses by the Delegation

The delegation recognised the importance of ensuring that the Convention’s principles were fully respected in the implementation of Malaysia’s laws and policies. While certain reservations remained under review, this had not impacted Malaysia in working towards the rights of the child.  Malaysia remained committed to continuing the review of its reservations to the Convention through structural processes and engaging with the Committee.  A Committee had been established to evaluate existing reservations to several United Nations treaties. 

Malaysia ensured that children who were non-citizens were accorded protection, including through the child act 2001.  Malaysia had undertaken efforts to address the citizenship issue in the country, with amendments made to the federal constitution to address the issue of citizenship for a child born outside of Malaysia to a Malaysian woman and a foreign father.  The consent of both parents was required before a certificate of conversion to Islam could be issued to a child.  Sharia courts ruled on family court matters, while civil courts ruled on administrative issues, including urgent protection measures.  Where overlaps occurred, the best interests of the child were paramount. 

Malaysia recognised that the effective implementation of the Convention depended on all of Government coordination.  Coordination was strengthened nationally by the National Council for Children, which supported the consistent implementation of child-related policies. 

Malaysia upheld the child’s right to freedom of expression while balancing the right to public order and social harmony.  The Government was actively enhancing the capacity of agencies through training, so officers could distinguish between freedom of expression and criminal intent. 

Awareness of child protection laws was strengthened through regular in-service trainings and briefings for social welfare officers.  Training was delivered through national and regional platforms to provide a shared understanding of roles and responsibilities.  Interagency coordination was enforced through national and district mechanisms.  Data case reviews were used to identify gaps and guide resource allocation.  Malaysia continued to invest in capacity building and engage with civil society to support frontline teams. 

A mechanism ensured that social welfare officers were notified as soon as child protection concerns were identified.  This functional obligation ensured engagement based on case necessity, rather than discretion. 

Malaysia’s Government had a one-stop crisis centre, a model which had expanded to 140 centres nation-wide.  Located primarily in hospitals and trauma departments, these centres offered a range of services for survivors of domestic abuse and sexual violence. Since 2021, the Ministry of Health had implemented training on child and adolescent sexual abuse prevention.

Human rights monitoring was primarily carried out by the Human Rights Institute of Malaysia, with the Office of the Commission of Children undertaking engagement and analysis relating to children’s rights.  Governance was strengthened through the National Council for Children which addressed cross-cutting implementation gaps. Malaysia continued to enhance frontline delivery through more effective child protection, stronger information flow, and more structured case coordination.  The State recognised the importance of preserving institutional knowledge within the public service.  Independent monitoring was a critical safeguard to support the progressive realisation of children’s rights. 

Eighteen was the appropriate minimum age of marriage, and the Government continued to work towards the harmonisation of legislation safeguarding children against child marriage under civil, Sharia and customary law.  Under civil law, the minimum age of marriage was already 18. Marriage under the age of 18 under Islamic family law required approval from the Sharia courts.  Several states had amended legislation, and others were in varying stages of review. 

Sharia courts applied mandatory standard operating procedures before any approval of marriage could be considered.  Courts needed to be satisfied that the proposed marriage was in the best interest of the child.  The Government continued engagement with customary leaders to review existing frameworks.  The State placed strong emphasis on awareness raising programmes, working with religious leaders and families to address the root causes of child marriage.

Malaysia aimed to ensure that every child was registered.  If parents lacked identification documents or had irregular resident status, various documents and other means of verifying the birth were accepted.  Illegitimate children were given the mother’s surname, unless the father acknowledged paternity and requested it. 

Malaysia had amended the existing policy on refugee management, in close consultation with United Nations entities.  This had created a more holistic national framework which provided a clearer legal status to refugees and treated them the same as any other migrants in Malaysia. The Government was embarking on a task to issue identification documents to all refugees on Malaysian territory. Every birth in the country was to be registered regardless of the parents’ nationality or status.  A mechanism allowed for late birth registration, and applied to nationals, refugees, migrants and asylum seekers. If a birth occurred outside of Malaysia, the Government could not issue a birth certificate on behalf of another state but could use refugee documents as a form of identification. 

Universal health coverage was fully implemented in Malaysia’s healthcare system and did not discriminate between citizens and non-citizens.  There were 10 infectious diseases which were exempted from any payment and fully covered by the Government, including typhoid, malaria, influenza and COVID-19, among others.  Since 2022, preventive health services like immunisation had been extended to refugee children through outreach and targeted programmes. 

Under Malaysian law, children could not be sentenced to death.  If a child had committed a serious offence which would carry the death penalty for an adult, the court must order imprisonment as a penalty. This detention was not automatic and indefinite; the child’s case was reviewed once per year by an independent body which considered various factors and could recommend early release when appropriate, ensuring rehabilitation remained possible.  Children in prison received education and structured support with the aim of ensuring their reintegration into society when it was safe to do so.  This provision was only enacted in exceptional circumstances, and this matter was being kept under active consideration. 

Government officials, officers and legal practitioners received special training on how to support children in justice settings, including on how to question children.  In criminal cases, child victims were supported and protected from harm.  In justice processes, judicial discretion was applied to control questioning.  Businesses were required to operate in a way that protected children from harm, reinforced by the national plan on business and human rights.  The plan identified risks in areas where children may be affected by business activities. 

Malaysia approached the issue of corporal punishment through a child-rights framework, aiming to ensure children were protected from physical and psychological harm. Malaysia continued to prioritise practical safeguards and prevention measures.  The issue of corporal punishment would be addressed in the school setting.  Corrective measures such as caning were only applied under strict supervision and could only be applied by the school head.  These measures were used only as a last resort after other measures such as family services and individual counselling had been exhausted.  Malaysia was open to future adjustment to disciplinary measures, including the possibility of phasing out this procedure. 

Where concerns of safety were at risk, protective action would be taken to ensure the child’s protection.  The Government continued to expand positive parenting initiatives and family support services, with a focus on practical, non-violent discipline techniques.  Clear guidelines were established for addressing staff misconduct in care settings, and requiring immediate protective action for affected children. 

Article 52 of the Federal Constitution provided an important constitutional mechanism for children under 21 to be registered as Malaysian citizens, if one parent was a Malaysian citizen.  This included Malaysian mothers who had given birth outside of Malaysia and were married to a foreign national.  This ensured eligible children born to Malaysian mothers overseas could receive Malaysian citizenship in a timely manner.  More than 1,300 such applications had been submitted in 2025 and all had been approved by the Government.

The social work profession did not yet have a dedicated statutory framework, which was why the social profession bill was currently under development.  In the interim, social workers continued to be supported through existing institutional arrangements. 

The Government had implemented initiatives for early childhood education in rural communities, including by operationalising a network of more than 10,000 kindergarten and preschools operating within rural and village settlements. This ensured education reached the doorsteps of the most remote families.  To ensure rural living did not mean lower quality education, the State enforced a unified standard for the preschool curriculum, with a new curriculum being rolled out in 2026.  The workforce was upskilled to ensure all teachers were certified educators, capable of delivering high quality pedagogy.  Malaysia was expanding capacities for children with disabilities in rural areas, including the establishment of special centres and dedicated autism preschools.  All premises underwent rigorous safety audits, and the Government had allocated significant funds to supplement food programmes for preschool and childcare centres. 

Questions by Committee Experts

THUWAYBA AL BARWANI, Committee Vice Chair and Country Taskforce Member, said there was a lack of current and disaggregated data for children with disabilities in Malaysia.  When did the Government intend to collect such data and make it available?  In 2019, the Government had launched the “zero reject policy” which aimed to ensure higher levels of inclusion for children with disabilities.  What were the latest statistics on children with disabilities in inclusive education as a result of this policy? 

The Committee welcomed the establishment of early intervention centres for children with disabilities; however, it seemed the quality of these centres needed to be improved.  Was the Government planning an evaluation of these centres?  Online registration of persons with disabilities was welcome and an important step forward.  What plans were in place to simplify this procedure so more children could be registered? Was financial assistance provided for persons with disabilities and their families?

The budget allocation for education had increased by 21 per cent between 2022 and 2025, which was indicative of the Government’s commitment to education.  While this was commendable, there were many children unaccounted for, with 4.5 per cent of children not in school.  Was the Government aiming to address the root causes of non-attendance for these children?  How would the State ensure effective non-punitive implementation of secondary education?  What provisions existed to address root causes of non-attendance before penalty rates applied?  Was early childhood education mandatory like the other levels of education, or was it optional?  What administrative reforms were in place to ensure a more coherent approach to early childhood education?   

RINCHEN CHOPHEL, Committee Expert and Country Taskforce Coordinator, commended Malaysia on the significant progress achieved in the field of health care, including efforts to improve maternal health care and reduce infant mortality rates.  What was the situation regarding the rates of tuberculosis?  A survey had highlighted alarming trends in adolescent mental health, with one in 10 adolescents attempting suicide.  Were there plans to address the mental health situation in the country?  What results had been achieved through the community-based mental health centres? What policies, plans and programmes were in place to address sexual and reproductive health for adolescents? Could Malaysia elaborate on the position on decriminalising abortion in all circumstances, and the provision of appropriate services for teenage girls?  How did the State tackle the issue of drug use by children? 

The Committee was concerned that despite progress in healthcare services, instances of HIV/AIDS seemed to be rising in the country and resources were insufficient. It was encouraging to read that the Government had implemented a three-year project to involve Islamic leaders to respond to HIV/AIDS.  Could more information on this be provided?  What programmes were in place to provide support for children who had been orphaned by HIV/AIDS?  Had there been any change in the duration of maternity leave for two months, and daily breastfeeding breaks for mothers?  Were there any plans to prohibit non-essential surgical treatment on intersex children, enabling them to make their own decisions? 

Could more information be provided about lesbian, gay, bisexual, transgender and intersex children and the discrimination they experienced?  What programmes and policies were in place to ensure their rights were protected?

Mr. Chophel commended the State party on continuous efforts to reduce poverty; however, reports indicated that poverty continued to impact indigenous groups. What provisions were included in the Malaysia plan 2026–2030 to ensure the allocation of resources in this regard? What was being done to specifically tackle poverty?  Malaysia had significant vulnerabilities when it came to climate change and it was pleasing to hear that the country had developed a national climate action act and adaptation plan.  Did the plan include consultations with children and youth?  Was long-term psychosocial support provided to children and their families who had been traumatised by natural disasters?  What was being done to strengthen disaster response, including child-friendly evacuation centres?   

MARY BELOFF, Committee Vice-Chair and Country Taskforce Member, asked if there was a bill before Congress to raise the minimum age of criminal responsibility?  If not, was there a time frame for the proposed amendment which should be considered? Children tried with adults did not enjoy the same guarantees as children tried on their own in juvenile courts. Were there any cases of children who had been given a life sentence being granted clemency?  The Committee had read about children who had stayed detained for an indetermined period of time.  Could the State elaborate on diversion programmes and rehabilitation efforts? 

There was an increase in Rohingya children being trafficked; what efforts were being made to address this issue?  How was it ensured that victims could report abuse without being deported?  What body was responsible directly for child victims of trafficking?  Why did these cases fall outside the national network?  How was family reunification without delay ensured? 

JULIANA SCERRI FERRANTE, Committee Expert and Country Taskforce Member, said according to reports, there were seven children detained indefinitely; was this correct?  Was there a standard authority which regulated institutions where children were held? 

Responses by the Delegation

The delegation said since the adoption of regulations, concrete steps had been taken to implement a family-first approach for State care, with institutionalisation used only as a last resort.  Alternative care pathways were provided, prioritising kinship care, foster care and guardianship.  Care givers needed to be assessed as adequate to meet the child’s needs.  A screening process had been set up to assess care givers prior to their appointment.  Individuals with a record of sexual crime convictions were not placed in an environment which gave them access to children. 

All children placed in family care were supported by structured case management, including regular visits and reviews to assess the child’s wellbeing and the suitability of the environment.  As of 2025, a total of 5,445 children had been placed under family-based care arrangements. 

The Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants coordinated the formulation of policies and monitored issues of trafficking in Malaysia. In 2025, training sessions were held on trafficking with multiple stakeholders, including the Malaysian police and Malaysian custom officials.  Individuals identified as potential victims of trafficking were accorded protection, regardless of their immigration status.  No trafficking victims were subject to any penalties. All survivors of trafficking in persons were placed in shelters, receiving the same level of care, recovery and services.  Addressing issues of trafficking required a coordinated effort from the Malaysian Government, civil society and international partners. 


A plan was in place to improve development for indigenous communities and ensure development gains were shared equitably across all sectors of society.  The Government had expanded the comprehensive special school initiative, a framework designed to provide nine years of continuous schooling, which would be expanded to cover 11 years within a single institution, combatting risk of dropout between different levels of education.  The State had also introduced a floating school programme in 2025, which used a houseboat as a mobile learning space to resolve access challenges for communities living on the lake.  Boats were provided to ferry students to the houseboat where they were educated.  Around 66 students were now enrolled in the floating school programme.

Malaysia had adopted a whole of Government approach to mental health through existing national policy and ongoing reforms.  Access and support were strengthened in rural areas, including through mental health centres.  Community leaders and volunteers were trained to recognise early signs of mental distress. Malysia was progressively strengthening the national strategy plan on HIV/AIDS through a targeted approach for different populations, delivered in partnership with civil society organizations. The State continued to expand access to treatment nationwide.  Partnerships with Islamic leaders had been strengthened as a key part of the HIV/AIDS response, integrating the subject of HIV/AIDS into their formal training, with focus being expanded to include other religious leaders, including Buddhists and Hindus. 

The consultative panel on climate change brought together civil society, academia and youth organizations to provide structured input on climate policies. Discussions had been held with children and youth across the country to understand their experience and make recommendations on climate change.  The Government recognised that disasters could have lasting impacts on children and families and support was provided to families in this regard.  Psychological officers, counsellors and trained volunteers conducted structured recreational activities to help children manage stress and remain engaged.  Around 1,200 psychology officers were deployed during the 20204/2025 flood season across flood-affected states to provide psychological first aid, debriefing, counselling and guidance sessions.

For students staying at evacuation centres, volunteer teachers were able to help them continue their learning.  A series of strategic initiatives had been implemented to safeguard students from hazards, modelled on the Sendai framework for disaster risk reduction.   

Malaysia acknowledged that some children could experience challenges such as bullying and stigma.  These were addressed in Malaysia’s child protection framework, without categorising children based on sexual orientation or gender identity, to protect their privacy and avoid further marginalisation.  Any form of violence, abuse, bullying or exclusion was addressed through existing legislation and mechanisms such as the 24/7 hotline. Malysia did not conduct conversation therapy, and certain programmes were complimentary and based on a desire for spiritual guidance.  The programmes were not targeted to any specific groups and were open to all.

Malaysia supported breastfeeding in the workplace, led through a multi ministry approach.  Women employees were entitled to maternity leave which had been extended to 98 days. Breastfeeding support was promoted through flexible working arrangements. 

If a child was ordered to be detained in prison, the board of justice would review their case at least once a year and provide advice on whether they should be released early or continue detention.  The child could also challenge the legality and proportionality of such a detention.  The law required regular reviews of each case, intended to assess whether continued detention was necessary. 

The Children’s Representative Council was established at national and state levels as a structured platform allowing children to discuss issues relating to their lives.  Between 2022 and 2023, more than 300 children were appointed, including children with disabilities and indigenous children.  The State would consider strengthening participation, particularly for children in vulnerable situations, ensuring their voices could be heard in decisions which affected them.

The Malaysian armed forces applied rigorous controls to prevent underage recruitment, in line with the Optional Procotol to the Convention on children in armed conflict, which Malaysia had ratified.  Children under the age of 18 were not permitted to be involved in the armed services. The Government took note of the recommendation to raise the age of recruitment to 18 universally. 

As of October 2025, Malaysia recorded more than 325,000 persons under the learning disability category nationwide.  To improve accessibility, the Government had introduced a disability registration system to streamline registration.  The State provided monthly assessment for eligible low-income households, or for families with children undergoing rehabilitation.  Families with school going children could also receive child assistance.   

The Government had seen an increase in the enrolment of students with educational needs in schools, and had specially designed special education schools. Several initiatives had been established to identify developmental delays and disability among children to ensure early detection.  Centres were established throughout the states, staffed by multi-skilled professionals, including speech and physio therapists, to ensure the needs of children with disabilities were being addressed.   

Questions by Committee Experts

A Committee Expert said it was understood that same sex relationships in Malaysia were penally reprehensible.  What kind of action was taken towards children who were gender fluid, for example a child who sought out the hotline?  What did the police do if children were denounced for being in a same sex relationship?  Were there any punishments that occurred for adults and were children excluded from these? 

MARY BELOFF, Committee Vice-Chair and Country Taskforce Member, asked what concrete measures had been implemented in schools to combat significant cases of bullying, particularly against minority children or because of their sexual orientation?  How many children remained in detention?  In what areas should the State act to change the situation, including raising the age of criminal responsibility.  Despite the fact that the law had been changed, was it possible for children who had committed acts of terrorism to be given a death sentence?   

THUWAYBA AL BARWANI, Committee Vice Chair and Country Taskforce Member, asked at what stage were students provided with human rights training?  The Committee welcomed the children activity centres which seemed to be a good initiative.  How was it ensured that the budget for these centres was adequate?

An Expert asked for clarification around civil law and Sharia courts relating to the age of marriage.  What was the prevalence rate of authorised child marriages?  Under what basis may a judge issue a waiver? 

A Committee Expert asked how support was provided to the population in the birth registration process?  What was being done to inform the population of the importance of birth registration, particularly for those in remote areas?  What became of children who did not receive a birth certificate; were they still able to be vaccinated and receive healthcare? 

Another Expert said the Committee lauded Malaysia for the great efforts taken to provide education for children, including the floating school programmes. How was it ensured that no child was left without a learning space due to administrative barriers?  How was the State ensuring asylum seekers and refugee children had access to free and quality education?  What was Malaysia doing to ensure equitable access to digital technologies for all children?  How did the Government monitor and address the digital divide? 

 

Responses by the Delegation

The delegation said the online safety act was currently being implemented throughout the country in stages, with a focus on children and other vulnerable users. Malaysia applied access control for restricted content through platforms, with service providers expected to take steps to restrict access to harmful materials.  A national cyber model developed in 2025, which looked into new threats generated by artificial intelligence and online gaming, would be rolled out nationwide.  It provided a comprehensive guide on using the internet and social media prudently and safely.  A three-year safe internet campaign targeting primary and secondary school students across the country had been implemented.  All schools in Malaysia were connected to the internet, and every school had at least one strategic partner in terms of digital technology.  Recently, a tech company had created a programme engaging indigenous students from nine states. 

Children were not permanently detained in prisons; only children below the age of three could temporarily reside with their incarcerated mothers, after which they were transferred to other institutions.  Child offenders were completely separated from adult offenders to ensure they were protected from harmful conditions.  In juvenile institutions, balanced nutrition was ensured. Malaysian law strictly prohibited the use of the death penalty on children.  Malaysia presently had no plans to raise the age of criminal responsibility beyond the existing threshold. 

Counselling was offered to support children’s psycho-social wellbeing as part of child protection case management, especially for children who had experienced abuse, neglect or exploitation.  Safe reporting mechanisms were available through various channels, allowing children, caregivers, professionals, or the public to confidentially report complaints.  Where reports were made to law enforcement agencies, the focus remained on the safety of the child and children were never publicly shamed.   

The Government recognised the concern posed by unregistered care facilities. Malaysia’s records showed that 560 children were identified and rescued, with their placement outcomes determined on a case-by-case basis, guided by individual assessments.  Out of these victims, 558 children were safely returned to their families after assessments, while two children remained under the care of the department of social welfare as their families had not come forward to claim them.  Some of the caretakers involved had been sentenced to 10 years in prison, while the others were awaiting sentencing. 

Refugees could receive a government-issued document which enabled them to live in the country and work in areas determined by the Government.  Teachers were overburdened, with around one teacher to 40 students in some areas.  The State was under resourced when it came to education but had still decided to allow refugee children access to private education, which would likely be beneficial for around 40,000 students.

Around 25 awareness raising programmes using the mass media had been conducted in 2025 to reach vulnerable and marginalised communities and inform them of the birth registration process, while addressing misinformation relating to children born out of wedlock.  Citizenship applications were accorded due consideration and evaluated in a reasonable timeframe.  Children born aboard to Malaysian mothers were invited to continue to submit citizenship applications.  An initiative assisted students enrolled in public schools to obtain their personal identification documents, allowing them to continue their education, while awaiting the outcome of their citizenship application. 

A pregnant adolescent was expressly recognised as a child in urgent need of protection.  The Government provided psychosocial support to adolescent mothers; when necessary, it provided them with accommodation in shelters.

Closing Remarks

RINCHEN CHOPHEL, Committee Expert and Country Taskforce Coordinator, commended Malaysia for its commitment to protect every child, which demonstrated a country stepping into a new chapter of high-income status.  The progress shown was meaningful and promising, and the road ahead offered more opportunity to ensure every child benefited from Malaysia’s increased development. The Committee stood ready to support Malaysia in this journey. Areas which required urgent attention included the withdrawal of reservations to the Convention; legislative alignment with the Convention; strengthening child protection and child justice systems; including refugee, migrant, asylum seeking and stateless children in national systems; fiscal investment in children; and reports pending under the Optional Protocols.

DATO' SRI HAJAH NANCY SHUKRI, Minister of Women, Family and Community Development of Malaysia and head of the delegation, thanked the Committee for its careful review and thoughtful questions over the past two days.  The protection, development and participation of children remained key priorities, and the commitment to the Convention formed part of Malaysia’s development agenda.  The State would work to ensure that policies directly translated into benefits for children, including for children in vulnerable situations.  The Committee’s recommendations would be carefully studied and incorporated into future public policies for children. Malaysia reaffirmed its unwavering commitment to the Convention. 

SOPHIE KILADZE, Committee Chair, thanked the delegation for the dialogue and their work done so far, while acknowledging that challenges remained.  The Committee conveyed its best wishes to all the children in Malaysia.

 

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Produced by the United Nations Information Service in Geneva for use of the media; 
not an official record. English and French versions of our releases are different as they are the product of two separate coverage teams that work independently.

 

 

CRC26.007E