MALAYSIA: Persistent violations of children's rights

Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.

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Trafficking of children

UN Committee on the Rights of the Child (Concluding Observations, February 2007)

The Committee notes with appreciation the establishment of a Coordinating Committee on Trafficking in July 2006 and it takes note of the information that the State party is in the process of submitting a Anti-trafficking of Persons Bill to Parliament in 2007. Considering that Malaysia is a destination country but also a source and transit country for trafficking in children for the purposes of sexual exploitation and forced labour, the Committee notes with grave concern the absence of a specific law and policy to combat inter- country trafficking. It also notes with concern that trafficked children, although they are victims, are often detained, for example, in the case of missing residence/work permits or falsified documents, and subsequently deported, and that they are not provided with adequate specialist support for social reintegration and recovery. The Committee also notes with deep concern reports suggesting that babies are trafficked from neighbouring countries for sale to childless couples in Malaysia. The absence of data and information on the actual magnitude of this problem is also a matter of concern.

In the light of article 35 and other related articles of the Convention, the

Committee recommends that the State party:

(a) Conduct a comprehensive study to assess the nature and magnitude of trafficking in children for exploitative purposes and, based on the findings and recommendations of the study, develop and adopt a national anti-trafficking law as well as a comprehensive national plan of action to prevent and combat all forms trafficking within the country and across its borders;

(b) Strengthen and expand bilateral and multilateral agreements and cooperation programmes with other countries of origin, transit and destination to prevent trafficking in children;

(c) Establish an effective screening process to identify the child victims of trafficking and ensure that child victims of trafficking are neither detained nor deported and that they are provided with adequate recovery and social reintegration services and programmes;

(d) Take all necessary measures for reunification of children with their families when this is in the best interests of the child;

(e) Ensure that all trafficking cases are investigated and that perpetrators are charged and punished;

(f) Continue to raise public awareness about the detrimental effects of child trafficking and train professionals working with and for children as well as the general public to identify, prevent and combat trafficking in children;

(g) Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime (2000); and

(h) Strengthen cooperation, among others, with the ILO/IPEC, International Organisation for Migration and non-governmental organisations. (Paragraphs 94 and 95)

UN Committee on the Elimination of Discrimination against Women
Concluding Observations adopted: 31 May 2006

The Committee is concerned that the State party has not enacted legislation on trafficking and has not established a comprehensive plan to prevent and eliminate trafficking in women and to protect victims. It is further concerned that women and girls who have been trafficked may be punished for violation of immigration laws and are thus revictimised. In addition, the Committee is concerned about the lack of systematic data collection on this phenomenon.

The Committee urges the State party to consider ratifying the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children Supplementary to the United Nations Convention against Transnational Organised Crime and to intensify its efforts to combat all forms of trafficking in women and girls, including by enacting specific and comprehensive legislation on the phenomenon. The Committee further calls upon the State party to increase its efforts at international, regional and bilateral cooperation with countries of origin and transit so as to address more effectively the causes of trafficking, and improve prevention of trafficking through information exchange. The Committee urges the State party to collect and analyse data from the police and international sources, prosecute and punish traffickers, and ensure the protection of the human rights of trafficked women and girls. The Committee urges the State party to ensure that trafficked women and girls are not punished for violations of immigration laws and have adequate support to be in a position to provide testimony against their traffickers. (Paragraphs 23 and 24)

Universal Periodic Review (February 2009)

30. Continue raising awareness of trafficking in persons and migrant workers, particularly women and children, who are a vulnerable group in the society and deserve all possible help (Palestine); (accepted)

105. 21(f) "To develop and adopt national legislation and practices granting formerly trafficked and exploited women and children remaining in Malaysia immunity from penalties under national immigration laws." (Israel) (rejected)

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Detention of child asylum-seekers and refugees

UN Committee on the Rights of the Child, (Concluding Observations, February 2007)

The Committee notes with appreciation the provisions of the Child Act 2001 (Act 611) which incorporate the principle of the best interests of the child and it takes note of many other national laws which enshrine this principle. However, the Committee is concerned that this general principle is not fully applied and duly integrated in the implementation of the legislation, policies and programmes of the State party as well as in administrative and judicial decisions. For example, while the State party has expressed its firm intention not to separate migrant children from their migrant parents to be deported, the implementation of current provisions of the Immigration Act 1959/63 (Act 155) has resulted in detaining and deporting migrant workers without effective efforts to prevent the separation of children from their parents.

As regards article 3, paragraph 1 of the Convention, the Committee emphasises that the Convention is indivisible and its articles are interdependent and that the best interests of the child is a general principle of relevance to the implementation of the whole Convention. The State party should ensure that the best interests of the child is a primary concern, taken into account in all revisions of the legislation as well as in judicial and administrative decisions, and in projects, programmes and services which have an impact on children. (Paragraphs 36 and 37)

The Committee notes with appreciation efforts taken by the State party to improve the situation of asylum-seeking and refugee children and their families, particularly the increased cooperation the State party has extended to the United Nations High Commissioner for Refugees (UNHCR) in Malaysia. It notes with appreciation, for example, the issuance of written instructions by the Attorney-General in 2005, with a view to refraining from prosecuting immigration-related offences in respect of asylum-seekers and refugees holding valid UNHCR documentation, the issuance of written instructions by the Ministry of Health to reduce medical fees for asylum-seekers and refugees to 50% of the foreigner's rate of which also children benefit and the statement made during the dialogue that UNHCR shall be provided access to detainees of its concern, including in immigration detention centres.

Despite these positive steps taken the Committee expresses concern at the absence of a legal framework for the protection of refugee and asylum-seeking children in Malaysia. In particular, the Committee regrets that the State party has not acceded to the 1951 Convention relating to the Status of Refugees and its 1967 Optional Protocol, nor to the 1954 Convention relating to the Status of Stateless Persons or to the 1961 Convention on the Reduction of Statelessness. The Committee is particularly concerned that the implementation of current provisions of the Immigration Act 1959/63 (Act 155) has resulted in detaining asylum seeking and refugee children and their families at immigration detention centres, prosecuting them for immigration–related offences, and subsequently imprisoning and/or deporting them.

In the light of articles 3 and 22 and other relevant provisions of the Convention, the Committee recommends that the State party, taking into account the Committee's General Comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin (CRC/GC/2005/6):

(a) Take urgent measures not to detain children in connection with immigration proceedings, unless it is necessary to protect their best interests and for the shortest time possible, and establish a screening process to ensure that groups with special needs, such as refugees and asylum-seekers, including their children, are rapidly identified;

(b) Accede to the 1951 Convention relating to the Status of Refugees and its 1967 Protocol as well as to the 1954 Convention relating to the Status of Stateless Persons and to the 1961 Convention on the Reduction of Statelessness;

(c) Develop a legislative framework for the protection of asylum-seeking and refugee children, particularly unaccompanied children, in line with international standards;

(d) In the absence of a national law on refugees, amend the Immigration Act 1959/63 (Act 155), or at least make use of the exception foreseen under Section 55 of the Immigration Act, with a view to legalising the status of asylum-seekers and refugees in Malaysia; and

(e) If detention is necessary in a particular, exceptional case, take all measures necessary to make this as short as possible and provide for special protection and assistance measures for refugee and asylum-seeking children and their families while in detention, in line with relevant international standards. (Paragraphs 80-82)

UN Committee on the Elimination of Discrimination against Women
Concluding Observations adopted: 31 May 2006

The Committee is concerned that the State party has not enacted any laws or regulations concerning the status of asylum-seekers and refugees. In particular, the Committee is concerned that asylum-seekers and refugees, including women, are prosecuted for immigration-related offences and may be indefinitely detained at immigration detention centres or deported.

The Committee recommends that the State party adopt laws and regulations relating to the status of asylum-seekers and refugees in Malaysia, in line with international standards, in order to ensure protection for asylum- seekers and refugee women and their children. The Committee further recommends that the State party fully integrate a gender-sensitive approach throughout the process of granting asylum/refugee status, in close cooperation with appropriate international agencies in the field of refugee protection, in particular the Office of the High Commissioner for Refugees. (Paragraphs 27 and 28)

UN Working Group on Arbitrary Detention
Country visit: 7 June- 17 June 2010
Report published: 8 February 2011

Persons committing offences under the immigration laws (either travelling without travel documents or committing criminal offences) are detained by the relevant authorities. However, section 8 (3) of the Immigration Act 1959/63 also sets out to determine persons categorised and prohibited from entering Malaysia. In the event, however, that such offenders are from vulnerable groups, including minors, families with minor children, pregnant women, elderly persons, persons with disabilities and other such persons, the authorities are required, on the basis of humanitarian grounds, to take all reasonable measures to treat such persons with appropriate care and attention. (Paragraph 71)

The Working Group believes that detention of migrants should be decided upon by a court of law, on a case-by-case basis, and pursuant to clearly and exhaustively defined criteria in legislation under which detention may be used. The Government should not use immigration detention for asylum-seekers, refugees and vulnerable groups of migrants, including unaccompanied minors, families with minor children, pregnant women, breastfeeding mothers, elderly persons, persons with disabilities, or people with serious and/or chronic physical or mental health problems. (Paragraph 72)

The Working Group found a 14-year-old boy who had been in the centre since June 2008. He stated that he was born in Malaysia, although his documents indicated that he was Indonesian, as both his parents are Indonesian. He was adopted by a Malaysian family after his parents returned to Indonesia in 2006. His adoptive family had not visited him since 2009. He has no bed in his cell and was uncertain about his future. (Paragraph 82)

In Sabah, concern was also expressed at the detention of foreign children whose parents had been deported. (Paragraph 84)

The Government should also rule out detention of asylum-seekers and refugees as well as vulnerable groups of migrants, including unaccompanied minors, families with minor children, pregnant women, breastfeeding mothers, elderly persons, persons with disabilities, people with serious and/or chronic physical or mental health problems. (Paragraph 119)

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Low minimum age of criminal responsibility and discrepancies between the Penal Code and Syariah law

UN Committee on the Rights of the Child (Concluding Observations, February 2007)

The Committee notes with concern the low minimum age of criminal responsibility which is ten years in the Penal Code (Act 574), and the discrepancies between the minimum age standards in the Penal Code, the interpretation of the Muslim jurists in the Syariah Court and the Syariah Criminal Procedure (Federal Territories) Act 1984.

[The Committee] recommends that the State party:

(a) Urgently raise the minimum age of criminal responsibility at least to the age of 12 years and continue to increase it to a higher age level and carry out a study on the discrepancies between the minimum age standards in the Penal Code, the interpretation of the Muslim jurists in the Syariah Court and the Syariah Criminal Procedure (Federal Territories) Act 1984 to prevent different standards imposed on children upon entering the criminal justice system; (Paragraphs 102 and 103)

UN Working Group on Arbitrary Detention
Country visit: 7 June- 17 June 2010
Report published: 8 February 2011

The Working Group notes with concern the low minimum age of criminal responsibility (10 years) and the discrepancies in this regard in the Penal Code, the Sharia Criminal Procedure (Federal Territories) Act 1977 and the interpretation in the Sharia Court. It also notes with concern the long pretrial detention periods and the delays in dealing with cases involving children. (Paragraph 89)

Furthermore, the Working Group recommends that the Government:

(a) Raise the minimum age of criminal responsibility to 12; (Paragraph 116)

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Inappropriate use of detention for minors

UN Committee on the Rights of the Child (Concluding Observations, February 2007)

The Committee expresses its concern, among other things, at long (pre-trial) detention periods, delays in disposal of cases involving children and the fact that children in conflict with the law are often subject to negative publicity in the media.

[The Committee] recommends that the State party:

(b) Develop and implement a comprehensive system of alternative measures to deprivation of liberty, such as probation, community service orders and suspended sentences, in order to ensure that deprivation of liberty is used only as a measure of last resort;

(c) Amend the existing laws, including the Child Act 2001 (Act 611), in order to ensure that the deprivation of liberty is in full conformity with articles 37 and 40, paragraph 1, of the Convention and take the necessary measures, for example suspended sentencing and early release, to ensure that deprivation of liberty is limited to the shortest time possible;

(d) Take efficient legislative and administrative measures to abolish the delays in disposal of cases involving children;

(e) Encourage and promote the positive involvement of the media in the reporting of children in conflict with the law and ensure that the media fully respect the right of the child to privacy; (Paragraphs 102 and 103)

UN Working Group on Arbitrary Detention
Country visit: 7 June-17 June 2010
Report published: 8 Febraury 2011

In Puncak Borneo prison, opened in October 2008, there were 614 prisoners, including 48 women. Its capacity is for 1,000 prisoners. A total of 18 prisoners were on death row, although no execution has taken place in the State of Sarawak since 1998. Juvenile prisoners between 18 and 21 years old were held in a separate section. (Paragraph 58)

The Working Group observed that Pengkalan Chepa prison held 1,596 detainees: 1,133 convicted, 461 on remand, 22 on death row, 29 juvenile offenders, 102 women and 16 on parole. However, its capacity is only for 1,000 prisoners. Convicted prisoners are held in buildings A and B; those remanded in building D; building C is for juvenile offenders. In building C, there were 29 identity cards, but only 28 detainees. When the Working Group asked the guards, they claimed that the missing detainee was outside cleaning. A boy was later presented, but was clearly not the boy on the identity card. The Working Group observed that segregation cells were used not for punishment, but to provide additional security to detainees requesting it or to those with psychological disorders. (Paragraph 59)

Courts for children try offenders under the age of 18. The Working Group notes with concern the low minimum age of criminal responsibility (10 years) and the discrepancies in this regard in the Penal Code, the Sharia Criminal Procedure (Federal Territories) Act 1977 and the interpretation in the Sharia Court. It also notes with concern the long pretrial detention periods and the delays in dealing with cases involving children. (Paragraph 89)

Prisoners categorised as minor offenders should not be imprisoned but made to do community work. (Paragraph 115)

Furthermore, the Working Group recommends that the Government:

(a) Raise the minimum age of criminal responsibility to 12;

(b) Include strict time limits for completing children cases;

(c) Ensure that deprivation of liberty of children conforms fully with the Convention on the Rights of the Child and other relevant international standards. (Paragraph 116)

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Violence against, and abuse of, children

UN Committee on the Rights of the Child (Concluding Observations, February 2007)

The Committee notes with appreciation that violence against children, such as physical, sexual, mental and emotional violence as well as abandonment and neglect are addressed in the Child Act 2001 (Act 611) and that since August 2002 incest has been criminalised by the Penal Code (Act 574). It also notes with appreciation that the Domestic Violence Act 1994 (Act 521) protects the child against violence within the family. It also notes with appreciation the State party's willingness to establish a toll-free helpline for children. Despite the measures taken to provide protection against violence, abuse and neglect, the Committee notes with grave concern that domestic violence, including violence against children in the family, remains a serious human rights problem in the State party. The Committee notes with concern that due to the strong social and cultural taboos victims and witnesses rarely report these cases, although there are established mechanisms to receive reports on child abuse and neglect, including a toll-free helpline "Teledera" which is, however, only limited to reporting on child abuse cases. It also notes with concern that corporal punishment in the home is lawful.

In the light of article 19 and other relevant provisions of the Convention, and taking into account the recommendations of the Committee adopted on its Day of general discussion on violence against children within the family and in schools held on 28 September 2001 (CRC/C/111, paras. 701-745), the Committee urges the State party to:

(a) Develop, as a part of the National Plan of Action for Children, a comprehensive national strategy to prevent and respond to domestic violence, ill- treatment of children and child abuse, and further adopt adequate measures and policies to contribute to changing attitudes and cultural practices;

(b) Strengthen the existing mechanisms and procedures to receive, monitor and investigate complaints on child abuse and neglect, including intervention where necessary, and to prosecute cases of abuse and ill-treatment, ensuring that the abused child is not victimised in legal proceedings and that his/her privacy is protected;

(c) Prohibit by law all forms of corporal punishment in the home and to conduct a comprehensive study to assess the nature and extent of corporal punishment in the family;

(d) Continue to sensitise and educate parents, guardians and professionals working with and for children by carrying out public education campaigns about the harmful impact of violent forms of "discipline" and promote positive, non-violent, participatory methods of child-rearing;

(e) Ensure that all child victims of violence and abuse have access to adequate care, counselling and assistance with recovery and reintegration; and

(f) Establish a toll-free, 3-digit helpline with 24-hour service for children and facilitate the collaboration of this helpline with State alliances, such as the police, health, and social welfare systems, and child-focused non-governmental organisations in order to enhance its intervention and follow-up model.

With reference to the United Nations Secretary-General's Study on violence against children, the Committee recommends that the State party:

(a) Take all necessary measures for the implementation of the overarching and setting-specific recommendations contained in the report of the independent expert of the United Nations Study on violence against children (A/61/299) taking into account the outcome and recommendations of the Regional Consultations for East Asia and the Pacific (held in Thailand from 14 to16 June 2005);

(b) Use these recommendations as a tool for action in partnership with civil society and in particular with the involvement of children to ensure that every child is protected from all forms of physical, sexual and mental violence and to gain momentum for concrete and, where appropriate, time-bound actions to prevent and respond to such violence and abuse; and

(c) Consider seeking technical cooperation from UNICEF, OHCHR and the World Health Organisation (WHO). (Pargraphs 57-59)

Universal Periodic Review (February 2009)

20. Continue its efforts in finding ways to improve the protection of children victims of abuse and to enhance family institutions and reinforce moral values as an effective mean to promote and protect child rights (Bahrain); Take more effective measures to strengthen family institution and inculcate good moral values and effective ways to protect and promote the rights of the child (Iran); (accepted)

21. Explore further ways and means aimed at improving and enhancing the welfare and protection of victims of child abuse (Iran); (accepted)

11. Outlaw corporal punishment at home; and provide victims of domestic violence with access to legal remedies and protection from potential perpetrators (Germany); Set in place effective campaigns to inform and sensitise the population on this matter (Germany); (pending)

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Corporal punishment

UN Committee on the Rights of the Child (Concluding Observations, February 2007)

The Committee, while welcoming the State party's statement that it will amend the provisions of the Child Act 2001 (Act 611) which provide for caning of male children, expresses its deep concern that caning is still a lawful penal sanction provided by the Child Act and that it is also used as a disciplinary measure in penal institutions.

The Committee urges the State party to immediately abolish all forms of cruel, inhuman or degrading punishments, including caning and other forms of corporal punishment imposed on persons having committed a crime when under the age of 18 years and as a disciplinary measure in penal institutions, taking into account the Committee's General Comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (CRC/C/GC/8). (Paragraphs 48 and 49)

[The Committee] also notes with concern that corporal punishment in the home is lawful.

In the light of article 19 and other relevant provisions of the Convention, and taking into account the recommendations of the Committee adopted on its Day of general discussion on violence against children within the family and in schools held on 28 September 2001 (CRC/C/111, paras. 701-745), the Committee urges the State party to:

(c) Prohibit by law all forms of corporal punishment in the home and to conduct a comprehensive study to assess the nature and extent of corporal punishment in the family; (Paragraphs 57 and 58)

The Committee notes with concern that corporal punishment of boys is still a lawful discipline measure and used in secondary schools.

The Committee reiterates that corporal punishment is not compatible with the provisions of the Convention and is inconsistent with the requirement of respect for the child's dignity, as specifically required by article 28, paragraph 2, of the Convention. Therefore, the Committee recommends that the State party prohibit by law all forms of corporal punishment in schools. (Paragraphs 76 and 77)

Universal Periodic Review (February 2009)

11. Outlaw corporal punishment at home; and provide victims of domestic violence with access to legal remedies and protection from potential perpetrators (Germany); Set in place effective campaigns to inform and sensitise the population on this matter (Germany); (pending)

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Discrimination against women and girls

UN Committee on the Elimination of Discrimination against Women

Concluding Observations adopted: 31 May 2006

The Committee is concerned about the existence of the dual legal system of civil law and multiple versions of Syariah law, which results in continuing discrimination against women, particularly in the field of marriage and family relations. The Committee is also concerned about the State party's restrictive interpretation of Syariah law, including in the recent Islamic Family Law (Federal Territories) Amendment Act 2005, which adversely affects the rights of Muslim women. The Committee is further concerned about the lack of clarity in the legal system, particularly as to whether civil or Syariah law applies to the marriages of non-Muslim women whose husbands convert to Islam.

The Committee urges the State party to undertake a process of law reform to remove inconsistencies between civil law and Syariah law, including by ensuring that any conflict of law with regard to women's rights to equality and non-discrimination is resolved in full compliance with the Constitution and the provisions of the Convention and the Committee's general recommendations, particularly general recommendation 21 on equality in marriage and family relations. In this regard, it encourages the State party to obtain information on comparative jurisprudence and legislation, where more progressive interpretations of Islamic law have been codified in legislative reforms. It also encourages the State party to take all necessary steps to increase support for law reform, including through partnerships and collaboration with Islamic jurisprudence research organisations, civil society organisations, women's non- governmental organisations and community leaders. The Committee further recommends that a strong federal mechanism be put in place to harmonise and ensure consistency of application of Syariah laws across all States. (Paragraphs 13 and 14)

Universal Periodic Review (February 2009)

104. 3. Continue to spearhead progress towards gender equality and development for women, in particular by giving due consideration to the recommendations of the Inter-agency Committee coordinated by the Ministry of Women, Family and Development regarding the compliance of Malaysia with the Convention on the Rights of the Child and the Convention on the Elimination of Discrimination Against Women and the withdrawal of its reservations to both conventions (Algeria); (accepted)

4. Continue to implement the comments and recommendations of the Committee on the Elimination of Discrimination Against Women and the Committee on the Rights of the Child (Ukraine); (accepted)

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Perpetuation of stereotypical views of the role of women and girls

UN Committee on the Rights of the Child (Concluding Observations, February 2007)

Despite the efforts of the State party to address the issue of equality between sexes, the Committee notes with concern that the persistence of stereotypical attitudes concerning the roles and responsibilities of women and men still constitute an impediment to the full enjoyment of all human rights and fundamental freedoms by girls.

The Committee recommends that the State party continue to address the problems faced by the girl child and to raise awareness among the population regarding the equality of girls and boys. It recommends that the State party carry out a study on gender role model. The Committee suggests that local, religious and other leaders be invited to take a more active role in supporting the efforts to prevent and eliminate discrimination against the girl child and to provide guidance to communities in this regard. The Committee also recommends that the State party promote the inclusive role of women in society, among other things, by developing school curricula, such as recommended by the Committee on the Elimination of Discrimination against Women in its observations on the combined initial and second periodic report of Malaysia at its thirty-fifth session in 2006 (CEDAW/C/MYS/CO/2, paras.15-16).

The Committee requests that specific information be included in the next periodic report on the measures and programmes relevant to the Convention adopted by the State party to follow up on the Durban Declaration and Programme of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, and taking into account the Committee's General Comment No. 1 (2001) on the aims of education (CRC/GC/2001/1). (Paragraphs 33-35)

UN Committee on the Elimination of Discrimination against Women
Concluding Observations adopted: 31 May 2006

While noting the work of the Ministry of Education in providing guidelines to writers and publishers of school textbooks to eliminate gender stereotypes from school books, the Committee is concerned about the persistence of patriarchal attitudes and deep-rooted stereotypes regarding the roles and responsibilities of women and men in the family and society. These stereotypes present a significant impediment to the implementation of the Convention and are a root cause of the disadvantaged position of women in a number of areas, including in the labour market and in political and public life.

The Committee calls upon the State party to implement comprehensive measures to bring about change in the widely accepted stereotypical roles of men and women. Such measures should include awareness-raising and educational campaigns addressing women and men, girls and boys, and religious leaders with a view to eliminating stereotypes associated with traditional gender roles in the family and in society, in accordance with articles 2 (f) and 5 (a) of the Convention. (Paragraphs 15 and 16)

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Discrimination against children belonging to vulnerable groups, including children from indigenous backgrounds, minority children and asylum-seeking and refugee children

UN Committee on the Rights of the Child (concluding Observations, February 2007)

While noting with appreciation the principle of non-discrimination in article 8 of the Federal Constitution as well as in the preamble of the Child Act 2001 (Act 611) and the special measures taken to advance and protect the status and existence of indigenous peoples, the Committee is concerned that many children belonging to vulnerable groups, such as the Orang Asli, indigenous and minority children living in Sabah and Sarawak and particularly in remote areas, asylum seeking and refugee children (for example the unregistered children of Filipino refugees holding IMM13 Refugee passes), children born out of wedlock and children of migrant workers, are likely to experience de facto discrimination in their everyday life. Acknowledging the State party's challenges in providing quality services in remote areas of the country, the Committee is concerned that still many children are suffering from disparities in the field of access to social and health services and education. Concern is expressed at the insufficient efforts made to address discrimination based on sexual orientation.

In light of article 2 and other related articles of the Convention, the Committee recommends that the State party carefully and regularly evaluate existing disparities in the enjoyment by children of their rights and undertake on the basis of that evaluation the necessary steps to prevent and combat discriminatory disparities against children belonging to vulnerable groups, such as such as the Orang Asli, indigenous and minority children living in Sabah and Sarawak and particularly in remote areas, asylum seeking and refugee children (for example the unregistered children of Filipino refugees holding IMM13 Refugee passes), children born out of wedlock and children of migrant workers. (Paragraphs 31 and 32)

Universal Periodic Review (February 2009)

22. Continue to intensify its efforts to prevent and combat disparities against children belonging to vulnerable groups, including children of indigenous groups, children with disabilities as well as those living in remote areas (Sri Lanka); (accepted)

6. Implement the recommendations of the Committee on the Rights of the Child to ensure comprehensive protection of the rights of children, including those of minority groups, indigenous peoples and migrant workers (South Africa); (pending)

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Unequal access to services for children with disabilities and learning difficulties

UN Committee on the Rights of the child (Concluding Observations, February 2007)

The Committee notes with appreciation that a number of measures have been taken by the State party to improve the situation of children with disabilities, particularly the establishment of community based rehabilitation centres which provide diagnosis, rehabilitation, treatment and special education for children with disabilities. The Committee is encouraged by the information that the State party is in the process of finalising a national policy on persons with disabilities, including a plan of action. Nevertheless, the Committee regrets the insufficient official data on the number of children with disabilities in the State party and that children with disabilities living in remote areas do not have access to the same level of services as children living in other parts of the country.

The Committee recommends that the State party, taking into account the Committee's General Comment No. 9 (2006) on the rights of children with disabilities (CRC/C/GC/9), take all necessary measures to:

(a) Reinforce its efforts to adopt the national policy on persons with disabilities, including the national plan of action, and consider formulating a Bill on persons with disabilities;

(b) Collect adequate statistical data on children with disabilities and ensure the use of such data in the development of policies and programmes for these children;

(c) Provide children with disabilities with equal access to adequate social and health services, including psychological and counselling services, and tailored services for children with learning difficulties and behavioural disorders, and raise awareness about all services available;

(d) Continue and increase the provision of community based programmes and services in order to allow children with disabilities to stay at home with their families; and

(e) Sign and ratify the Convention on the Rights of Persons with Disabilities and its Optional Protocol once open for ratification. (Paragraphs 60 and 61)

Universal Periodic Review (February 2009)

14. Continue to take measures to protect the rights of women, children and people with disabilities (Belarus); (accepted)

22. Continue to intensify its efforts to prevent and combat disparities against children belonging to vulnerable groups, including children of indigenous groups, children with disabilities as well as those living in remote areas (Sri Lanka); (accepted)

23. Continue its efforts in providing educational facilities to students with special educational needs, such as children with visual and hearing impairment and those with learning difficulties (Sri Lanka); Continue its efforts to support children with special needs, namely, children with visual impairment, children with hearing impairment and those with learning difficulties (Morocco); (accepted)

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Children living on the streets

UN Committee on the Rights of the Child (Concluding Observations, February 2007)

As regards children living and/or working in the streets, particularly in Sabah, the Committee regrets that the State party could not present studies on the extent and nature of this problem. It notes with concern that "cleaning operations" have resulted in detaining street children and that negative public attitudes and prejudices against street children exacerbate their difficult situation.

The Committee recommends that the State party:

(a) Undertake a study on children living/working in the streets to identify the magnitude of this problem and based on the results of this study develop a comprehensive national strategy with active participation of street children, non- governmental organisations and relevant professionals to address the situation of street children;

(b) Ensure that children living in the streets are not unlawfully arrested and detained, protect them from police brutality and where needed, secure their access to adequate legal services;

(c) Ensure that street children are reached through trained street educators and counsellors and provided with adequate identity documents, nutrition, clothing and shelter as well as with social and health services and educational opportunities, including vocational and life skills training, in order to support their full development;

(d) Provide street children with adequate recovery and social reintegration services for physical, sexual and substance abuse and promote reunification with their families, when it is in the best interests of the child;

(e) Raise awareness about children living in the streets in order to change negative public attitudes about them; and

(f) Collaborate with and support non-governmental organisations working with and for street children and seek technical assistance from, among others, UNICEF. (Paragraphs 92 and 93)

Universal Periodic Review (February 2009)

24. Pay special attention to the problems of the children living and working on the streets (Kasakhstan); (accepted)

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Countries

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