By 
18-09-2024
Valentina Palcovicova
South and East Asia Researcher,
Global Human Rights Defence.
In a large-scale police operation conducted on September 11th, 2024, Malaysian authorities rescued 403 children and teenagers suspected of enduring physical and sexual abuse across 20 care homes. The operation was conducted in response to growing concerns about the welfare of children in care institutions and has led to the arrest of 171 suspects, including religious teachers and caregivers.
The enormity of the operation highlighted the deep-rooted issues within Malaysia’s care homes, in which children in vulnerable situations are typically subjected to abuse by individuals who are entrusted within their care.
The raid conveys the systemic failures in protecting children in vulnerable situations, exposing the gaps in oversight, regulation and enforcement of care home standards. It highlighted the inadequate background checks for staff, lack of regular inspections and insufficient reporting mechanisms for suspected abuse. These shortcomings therefore allowed harmful practices to persist, placing children at risk of exploitation and abuse by individuals who were supposed to care for and protect them.
The Human Rights Commission of Malaysia (Suhakam) has expressed their concern for the safety of children in these institutions and has called for stricter legal and regulatory measures within the welfare system. The Commission stated that the Care Centres Act 1993 and Child Act 2001 require amendments in order to tighten the regulation of care homes and to establish clearer oversight mechanisms due to the inadequacy of the current form.
This incident highlights violations of both domestic and international law. The Child Act 2001 criminalises child abuse, neglect and exploitation while the Care Centres Act 1993 governs the licensing and regulation of care institutions. Thus, in support of the Commission, it shows the necessity to call for stricter legal and regulatory measures.
Internationally, Malaysia is a signatory of the United Nations Convention on the Rights of the Child (UNCRC), which obligates Malaysia to ensure the welfare and protection of children. According to Article 19 of the UNCRC, state parties must take all appropriate legislative, administrative, social and educational measures to protect children from all forms of physical or mental violence within institutions that are responsible for their care. This places a clear duty on Malaysia to put in place more rigid protections in care homes to protect children.
Sources and further readings:
Ng, K. (2024, September 12). Malaysia police rescue 402 minors in care homes over abuse claims. Malaysia police rescue 402 minors in care homes over abuse claims (bbc.com). Accessed 21 November 2024.
Gass, R. (2024). Statement by Robert Gass, UNICEF representative in Malaysia, on child abuse cases in welfare homes. UNICEF. Statement by Robert Gass, UNICEF Representative in Malaysia, on child abuse cases in welfare homes. Accessed 21 November 2024.
United Nations. (1989) Convention on the Rights of the Child. The Convention on the Rights of the Child: The children’s version | UNICEF. Accessed 21 November 2024.
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