KUALA LUMPUR: The Office of the Children’s Commissioner (OCC) under the Human Rights Commission of Malaysia (SUHAKAM) has urged all parties within the justice system to uphold fairness, dignity, and compassion when handling cases involving child witnesses.
The OCC emphasised that the best interests of the child must always be the primary consideration to ensure access to justice without causing unnecessary hardship throughout the judicial process.
The reminder follows Malaysia’s ongoing commitment to strengthen child protection mechanisms in line with national laws and international conventions.
“The best interests of the child must be the primary consideration in the treatment of child witnesses, ensuring access to justice while protecting them from hardship during judicial processes,” said the OCC in a press statement yesterday (Oct 7).
The Child Act 2001 [Act 611] affirms that every child is entitled to protection and assistance in all circumstances, a protection that extends equally to child witnesses.
The Evidence of Child Witness Act 2007 [Act 676] and its Amendment Act 2023 [Act A1688] further strengthen these safeguards by introducing child-friendly procedures in court.
“In particular, Section 6B of the Evidence of Child Witness Act requires courts to prohibit improper questioning, including misleading, intimidating, or humiliating questions that may cause psychological or emotional harm to the child,” it said.
Malaysia’s ratification of the Convention on the Rights of the Child (CRC) in 1995 reinforces this commitment to uphold the rights and dignity of children in all judicial contexts.
“The OCC urges all legal practitioners, court officers, and stakeholders to ensure these protections are fully implemented in practice, preventing children from being re-traumatised during judicial proceedings,” it added.
