Accountability, reform needed after children abused in welfare homes

 

From Hartini Zainudin

The recent revelations of alleged mass abuse and neglect involving 402 children are deeply disturbing and heartbreaking.

Angry and upset friends have been contacting me asking why non-governmental organisations and child activists aren’t saying more, doing more and insisting on more accountability.

We are.

We have reached out to the authorities and action is already being taken.

But again, this action is being taken after the fact and has been in response to a crime that has already been committed.

This reactive approach takes precedence over safety and care for the child.

Who suffers the most before, during and after crimes have been committed? The children.

Across all societies, cultures and religions, the abuse of children is unequivocally unacceptable.

It is imperative that we express our outrage and demand accountability from those responsible.

This is a jarring contrast to where I am now, in Morocco, to study the kafalah model for family-based care of children who need families and a good home.

The children are at the centre of any programme impacting children, with families and strangers coming together to love, protect and ensure that every child knows they are wanted and loved.

I saw this in every aspect of the work the adults, staff and volunteers do in the one space my friends and I have visited so far.

It is exhilarating and hopeful to watch the community come together to help children in need and in crisis. Heartwarming and hopeful!

In Morocco, the kafalah model exemplifies how Islamic values and international standards can coexist to safeguard children’s rights.

By aligning with the United Nations Convention on the Rights of the Child (UNCRC) and Islamic teachings, institutions can create environments that honour children’s rights and dignity.

Inappropriate defensive responses

When institutions respond defensively or deflect responsibility by questioning how children learned inappropriate acts, it signals a failure to prioritise child safety.

Instead, institutions should focus on:

1. Conducting immediate and thorough investigations of any allegation.
2. Providing comprehensive support and care for potential victims.
3. Strengthening and rigorously enforcing child protection policies.
4. Maintaining transparency in all processes.

The unacceptability of victim blaming

Blaming child survivors for the abuse they have suffered is absolutely unacceptable. Responsibility lies solely with the perpetrators.

Islamic teachings emphasise justice and protection for the vulnerable.

The Prophet Muhammad (PBUH) said, 

Help your brother, whether he is an oppressor or he is an oppressed one,

 (Sahih Al-Bukhari) underscoring the need to prevent oppression and support victims.

Corporal punishment is not education

Physical punishment under the guise of education violates children’s rights.

The UNCRC explicitly prohibits all forms of violence against children, including corporal punishment.

Islam also emphasises gentleness in teaching, as the Prophet Muhammad (PBUH) said, 

Allah is gentle and loves gentleness in all matters.

 (Sahih Al-Bukhari).

The duty of care

Educational institutions and welfare homes have a sacred duty of care. The Prophet Muhammad (PBUH) reminded us, 

Each of you is a shepherd and each of you is responsible for his flock.

 (Sahih Al-Bukhari and Muslim). This duty extends to protecting children from all forms of harm and abuse.

Islamic teachings and child rights

Islam places a significant emphasis on the rights and dignity of children.

The Quran and hadith provide clear guidance on treating and protecting children.

The Quran states, 

And do not kill your children for fear of poverty. We provide for them and for you,

 (Quran 17:31), emphasising the divine responsibility to protect and provide for children.

The Prophet Muhammad (PBUH) highlighted the importance of compassion and justice, stating, 

He who does not show mercy, no mercy will be shown to him.

 (Sahih Muslim).

UNCRC’s comprehensive framework

The UNCRC outlines children’s rights and sets standards for their protection and welfare, emphasising that all actions concerning children should prioritise their best interests.

Key provisions include:

• Article 19: Protection from all forms of violence and abuse.
• Article 28 and 29: The right to education and development.

Harmonising Islamic and UNCRC principles

Institutions must integrate these principles to fulfil their responsibilities effectively.

This involves:

1. Preventive education: teaching children about consent and respect.
2. Transparency and accountability: providing clear evidence of educational practices.
3. Comprehensive child protection policies: ensuring compliance with Islamic values and international standards.

Institutions must avoid defensive responses that deflect responsibility or blame victims.

Instead, they should focus on thorough investigations, support for victims, enforcing protection policies and maintaining transparency.

We need this shift in mindset and understand that children’s safety and protection can only happen if we make children our priority, and that all children must matter to everyone in Malaysia. - FMT

Hartini Zainudin is the founder of Yayasan Chow Kit.

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.