Suhakam children's commissioner Noor Aziah Mohd Awal has hit out over the detention of a teenager in a police lock-up over the alleged stabbing to death of her newborn baby.
While acknowledging the seriousness of the alleged crime, Aziah said that detaining the 15-year-old girl who had just given birth is clearly not in the best interests of the child.
"We are of the view that the approach taken in dealing with a child who is in conflict with the law should be in line with the Convention on the Right of the Child (CRC) to which Malaysia is a party.
"Suhakam believes that the girl is definitely suffering from a horrible mental health condition that led her to act in such a way," Aziah said in a statement today.
She pointed out that it was paramount for the teenager to first receive proper postpartum treatment including psychological treatment before taking her through the prosecution process.
“The Social Welfare Department should ensure that both treatments are given appropriately to the girl.
"The girl should be given the necessary legal aid, in particular, the right to a legal representative (lawyer) as well as a social welfare officer who would act as her probation officer and protector.
“The department is urged to arrange for the legal aid to be provided to the girl on a pro bono basis," she added.
Aziah reminded the authorities that by virtue of Section 83A of Act 611, a child being arrested should not be handcuffed, and the parents or guardian must be informed of the child’s whereabouts.
"Under the same Act and the CRC, the child’s identity should be protected and not be disclosed. Furthermore, the child’s right to consult a counsel of his or her choice should be fulfilled.
"In addition, children in detention should not be placed with an adult who has been charged with an offence," she said.
It was reported that the teenage girl who allegedly stabbed her newborn baby boy to death in Kemaman, Terengganu on Feb 8 was remanded for seven days in a police lock-up to facilitate a police investigation.
At the same time, the authorities are also looking for the girl's 20-year-old boyfriend, who is believed to have raped her.
The newborn was found dead at the teenager’s house in Felcra Sri Bandi in Chukai, Kemaman. He was believed to have been stabbed with a sharp object.
Aziah said it was understood that the girl was a rape victim, and her family was unaware that she was pregnant, as she had been missing from home.
"The girl dropped out of school soon after the movement control order (MCO) was implemented due to lack of access to online learning," she added.
Unverified statements issued
Aziah said she was concerned with a statement issued by Women, Family and Community Development Deputy Minister Siti Zailah Md Yusoff through social media - which has since been deleted - that the girl did not suffer from any mental health conditions.
"Suhakam believes that a comprehensive psychological assessment on the mental health of the girl should be conducted before such a statement is issued.
"In this instance, we also wish to reiterate that the child/girl is a rape victim, irrespective of consent and this is a statutory rape case under Section 375 of the Penal Code.
"The Children’s Commission emphasises that the principle of the best interest of the child, as envisioned in Article 3 of the CRC, should be applied in all criminal cases involving children,” she said.
Sex education needed
Aziah added that the incident has again highlighted the importance of a comprehensive syllabus for sex, sexuality, and reproductive education which must be developed by the Education Ministry with cooperation and collaboration with the Health Ministry and the Women, Family and Community Development Ministry.
"This syllabus should be taught to all children in all government and private schools. More effective collaboration and coordination should be fostered among relevant government agencies such as the Education Ministry, Communication and Multimedia Ministry as well as the Women, Family and Community Development Ministry to intensify efforts in promoting greater awareness among children regarding such education through various medium, including social media," she said.
The commissioner called on the Women, Family and Community Development Ministry to publicise services provided by it Social Welfare Department so that families of pregnant teenagers will be more prepared to address the situation. - Mkini
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