Running Head: THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD

ABUSE

The Laws students of International Islamic University Malaysia perceptions concerning the
purpose of Child Protection Law on the prevention of child abuse
Noor Ashila Binti Nissanso
International Islamic University Malaysia

Authors Note
Noor Ashila Binti Nissanso, Ahmad Ibrahim Kuliyyah of Laws, International Islamic
University Malaysia.
Correspondence concerning this article should be addressed to Noor Ashila Binti Nissanso,
Ahmad Ibrahim Kuliyyah of Laws, International Islamic University Malaysia, 53100 Gombak. Email: noorashilanissanso@ymail.com

THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

Abstract
Children are the key to tomorrows society. There are innocent and yet full of hope.
Society on the other hand is the protector to a child future. Even though powerless and defenceless,
children are still strong having vested with rights to freedom. Regardless, child due to their
vulnerable nature are still exposed to abusive behaviour. Child abuse is more than mere violence,
neglecting them and exposing them to dangerous situations may also be an infringement of their
rights. Nevertheless, todays ascending records of child abuse cases may be due to lack of efforts in
preventing them. In this paper, the laws and societies are highlighted as ought to have the biggest
chance and responsibilities in preventing child abuse.

THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

The basic principle of child protection law is that all children have the right to live in an
environment free from abuse and neglect (Tengku Fatimah and Engku Zaki, 2012, p. 202). In the
same article written by Tengku Fatimah and Engku Zaki (2012) the author also mentioned about the
long history of child abuse phenomenon, which can be traced back to the time of ancient Greece,
however, its occurrence in the modern society is surprisingly still of common. Nevertheless, child
maltreatment occurs in every community and at all levels of society, and there are various reason
which make it more likely to happen, such as poor economic, social conditions, as well as other
forms of stress or tension in the society (Levi and Portwood, 2011).
Over the years, child abuse has become a serious social problem that cuts across all
Malaysian society as the number of reported cases has keep on increasing (Nithiyanantham, 2010).
However, very little study was done within Malaysia to discover the possible solutions to this
particular issue. As stated by Obadina (2013) child maltreatment is indeed a public health issue and
its commonness has a negative impact on individuals and the society as a whole. The author also
added that by having all the professional community agencies work together to support families
who are in such trouble, the latter will be more likely to thrive. Therefore, the aim of this study is to
examine and to analyse the importance of the existing child protection laws and the importance of
the role of the public in preventing child abuse.
The objectives of this research paper are:
1.

To investigate the roles and the duties of the society with regards to their part in helping to

intervene and prevent abuse of children.

2.

To examine the functions of child protection law in respect of its assistant in preventing

child abuse, maltreatment and neglect.

THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

Research questions:
1.
2.

What are the roles and duties of the society in helping to prevent child abuse?
What are the functions of child protection law in preventing child abuse?

The definition of child abuse does not found or define in any statutes in Malaysia. Nonetheless,
there are many attempts by previous research to define this term, such as the author, Giovanni and
Becerra which define the term child abuse as:
Child abuse is, however more generally characterised by the deliberate infliction
of physical, emotional or sexual harm on the child. Child neglect can also
incorporate a situation in which there is a failure to provide conditions which are
essential for the health, physical and emotional development of the child
(Nithiyanantham, 2010, p. 4)
Convention on the Right of the Children (CRC) was established by the United Nations in
1989. This convention is adopted after a growing concern over the violation of children which did
not solves by The Declaration of Geneva in year 1924 due to its non-binding legal effects on
member states. CRC has been guaranteeing childrens rights in carrying their legal obligation upon
member states. The four core of the CRCs principle are; ensuring that best interest of children is
given primary consideration, protecting childrens right of life, their survival and development, and
non-discrimination with respect to the views of the children. United Kingdom, Australia and
Malaysia are among the member states of the convention (Nithiyanantham, 2010).
In Malaysia, the introduction of the Children and Young Person Ordinance 1947 was
among other statutes which mark the first phase of development of its child protection laws. The

THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

ordinance emphasised on detection and protection for children from any physical abuse and neglect.
In 1991, Child Protection Act 1991 was introduced and it brings the effect of repealing and
replacing the prior ordinance. This is because the government sees that the provision in the old
ordinance was inadequate and inefficient in overcoming the problem of child abuse which was on
rise. Hence, this mark the second phase of child protection laws development. Accordingly, the
laws was further evolved when the legislature in 2001 passed a new legislation namely the Child
Act 2001 which was construct and build based upon Malaysias obligation under Convention on the
Rights of the Child (CRC). This new Child Act has among other things makes it an offence for
failing to report on child abuse activity (Nithiyanantham, 2010)
In order for a law to be efficiently implemented, the legislature must know who and whom
they shall give the burden of responsibilities, and as it is signified by Parton (2012, p. 153), It was
social workers who were seen as the key professionals in the newly reformed child protection
system. Nevertheless, the law itself must be well functioning as their first priority and
consideration would be on the protection and preserving of the childrens rights. Section 17 (2) of
Child Act 2001 for instance, sets out that abuse includes physical abuse, neglect, sexual abuse and
emotional abuse, the act also provides clear classification and definition of each abuse. In addition,
Section 17 (1) of the act also provides detailed list of a child in need of care and protection (Tengku
Fatimah and Engku Zaki, 2012). Nithiyanantham (2010) adds that every child is presumed to be in
need of care, protection and assistance. This is because many families are incapable to care for their
children without any assistance. Hence, the law imposes a specific power of a protector, who is a
social welfare officer to provide services to any child in need, may take the child into temporary
custody when he believes it is necessary. Regardless, more than social workers, it is logical to focus
the vested power towards the society at large as they ought to be accountable to bear the heaviest
burden of responsibility, be it professional or social responsibilities.

THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

The issue of child maltreatment was not given much attention until it was brought to the
lime light by a group of doctors. Henry Kemp and his group of medical practitioners, has written on
the issue of child abuse in their book entitled The Battered Child Syndrome, and emphasised that
the widespread of abuse and neglect was due to societys own denial of the problem. Thus, with
this, the idea of mandatory reporting evolved (Nithiyanantham, 2010). With that, The Child Abuse
Prevention and Treatment Act (CAPTA) then require all states have laws pertaining to child abuse,
policies and procedures in place for mandated reporters (Brown, 2012). Therefore, in 1961, new
statute was adopted by the US and many social welfare services mobilized for the purpose of
monitoring cases of child abuse. Similar to Malaysia, they have made it a mandatory to report any
suspected child abuse activity. Immunity would be given to the individuals who initiated the report
in good faith.
Mandatory reporting is a law that imposes a legal duty upon professional within a society
to report suspicions of child maltreatment. In the United States, the duty has been imposed upon
physicians and assistants, school administrator, psychologist, law enforcement officers, members of
the clergy, licensed social workers with masters or bachelors degrees (Koverko, 2010). Distinct
from the US, Malaysia has this statutory duty only imposed on the medical officers, family
members, and child care providers. Failure to comply is an offence made punishable with fine not
exceeding five thousand ringgit or imprisonment for a term not exceeding two years or both
(Tengku Fatimah and Engku Zaki, 2012). However, as a member of the society, it is credible that
this duty which only imposed on the persons mentioned above is inadequate. The mandatory duty
shall be extended to educators and law enforcers. Nevertheless, this law were critics for disrupting
and unnecessarily intruding into family private lives, however, this critics were totally disregarding
the statistic that suggest investigations do provide benefits (Koverko, 2010). Additionally, Koverko

THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

also states that a person who is required to report and fails to do so may be held civilly liable for
breach of duty and may also be charged with criminal misdemeanour (2010, p. 64). In fact, this is a
good method to promote and emphasize this mandatory duty into publics awareness.
In Michigan, United States, another amendment was made in attempt to prevent abuse of
children. They have taken a legal initiative by criminalizing child sexual abuse and invented Sex
Offender Registry (SOR) which would be able to track perpetrators who has committed child sexual
abuse and parental abusers (Koverko, 2010).
According to Masson et al and Howe (as cited in Obadina, 2013) reporting of any suspected
child abuse activity by the society is a form of early interventions, which is necessary to break the
cycle of negative chain reactions. Other authors also said that;
Mandatory reporting laws were not adopted to replace these judicial,
administrative, and evidentiary strategies, but rather to focus resources on
the earlier stages of abuse. As such, the success of mandatory reporting
laws can be measured by the extent to which they intervene in abuse
situations and prevent abuse from ever taking place (Koverko, 2010, p.
66).
Unfortunately, even with all the developed laws, the pervasive problems of family
dysfunction and violence are still remain invisible, and this is obviously due to the lack of
awareness of the general public (Piper, 2011). It is assumable that this might be because certain
group among the public are not fully exposed to the current issue, and no local authorities who tried
to bring forward the needs of such awareness of both the social issues and laws to the public. Plus,
it has been evaluated by Jones (2004) that the effectiveness of protection laws only to the extent that
there was a citizen participation or implementation (as cited by V.J. Palusci et al., 2010). In a

THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

nutshell, society is in need of social reforms to strengthen the prevention of any act of abusing
minor based on the principle prevention is better than cure (Tengku Fatimah and Engku Zaki,
2012).
This study is conducted in order to find out the role of the law and society in preventing the
abuse of children. Hence, this study is primarily focuses on the law students of IIUM regardless
whether they are the local or international students because this study does not restrict to only child
protection laws within Malaysias jurisdiction.
Nonetheless, this study may help in providing further information and instil awareness to the
society with regard to their role and responsibility upon facing cases of child abuse in the future.
This research will also benefits in identifying any weaknesses in the existing law and suggest a
solutions for it.

Methodology

THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

Participants
In this research, 25 participants among International Islamic University (IIUM) of undergraduate
students from Ahmad Ibrahim Kulliyah of Laws were selected. Participants were randomly selected
from 1st year until 4th year students. The participants were expected to have the general knowledge
about the research topic. The survey was done through a method of google form which is online.
The link of the survey was sent and spread among the law students.

Material
The material used for this research is a questionnaire with regards to the research topic (refer to
Appendix 1). The survey was structured to questions involving the laws and society roles in
preventing child abuse. Questions were divided into 2 parts. Namely part A and B, the first part
(PART A) are questions with regards to the first objective of this research paper that is the role of
the society in preventing child abuse. Whereas, the second part (PART B) are questions asking
about the function of the law in preventing child abuse, which is also the second objective for this
research paper. Most of the questions are provided with multiple of choices of answers.

Procedure
This research was conducted by sending the link of the survey among IIUM Undergraduate Laws
students. Before answering the questions, participants were briefly explained about this research.
This is to make sure that they will understand what research is being conducted. They have been
told that all of their personal information was not needed. Before answering the survey, participants
were told to read the questions carefully in order for them to not make any mistake and answer them
wisely. In addition, participants were advised to answers all of the questions and do not let any

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THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

question left unattended. The survey was estimated to be done in 10 minutes time. All of the survey
has already been submitted and collected. Google form automatically tabulated the data and
converted it into charts and graphs.

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THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

Results
Figure 1.1 shows the definition of child abuse submitted by the respondents. The answers submitted
by the respondents are subjective and only in one sentences.
From the figure, the finding suggests that the most definition given by the respondents is
that child abuse is an action of physically and mentally torturing a child. To add, other respondents
also define the term as violation of a child rights and abusive behaviour towards a child. Other
definition such as; mistreating or ill-treating a child, neglect of a child, treating a child in a harmful
way, and causing injury towards a child were also submitted by the respondents. Last but not least,
some of the results also recorded a literal definition of the term as an action of beating a child. In
brief, majority of the respondents define child abuse as a physical and mental torture of a child.

Figure 1.2 depicts the respondents experience of whether they have ever any knowledge of people
being abused.
From the charts, clearly sees that majority of the respondents, with 56 percent, has never
have any knowledge of child abuse incident, or in other words, that they never saw any child abuse
incident and they themselves has never experience any abuse. In contrast, 44 percent of the
respondents answered yes, they have experience in seeing incident of abuse. In short, most of the
respondents have never has any knowledge of child being abused.

Figure 1.3 illustrates the respondents experience of whether they ever report any child abuse
incident or not.

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THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

From the charts, we may observe that 60 percent of the respondents have never yet encounter with
any incident of child abuse, thus, they never do a report concerning the matters. Fortunately, at least some
16 percent of the respondents did have experience in reporting a child abuse case. On the other hand,
approximately 24 percent of the respondents have never done a report on child abuse incident which had
happened within their knowledge. In summary, majority of respondents never have knowledge of any
abuse cases, hence, they never yet do a report.

Figure 1.4 shows the result about what would the respondents do if they were to encounter any child
abuse incident in the future. The respondents are provided with four choices, they would either
report the incident, or intervene in the incident. On the other hand, the respondents may also do both
as in intervene in the incident and then go and filed a report or they may do nothing.
From the chart, as we can clearly see a total of 52 percent of the respondents which is more
than half, chose to intervene and report the incident. In contrast, the least choice of action chosen by
the respondents is to do nothing which only selected by 1 respondents equivalent to 4 percent of
the pie chart. Interestingly, the second least selected answer is Intervene as only 8 percent of the
respondents decided to do that. In addition, approximately 36 percent of the respondents chose to
report the incident. In short, more than half of the respondents decided to intervene and report any

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THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

child abuse incident which may happen in the future, and at the same time makes it the most choice
of action chosen by the respondents.

Figure 1.5 illustrates the respondents knowledge with regards to who among the roles mention in
the graph are imposed with statutory duty to be mandatory upon him to report any child abuse
incident which happens in his knowledge.
From the graph, there are 7 roles of choices provided for the respondents. Accordingly, it is
obviously shown that almost all the respondents selected that Member of the Family own
mandatory duty to report any incident of child abuse, with 26 percent from graph. Whereas, with
only 12 percent, only few of the respondents chose that Child Care provider do have mandatory
duty of reporting. In additions, the graph depicts a similar result in the roles of Yourself and
Doctors (Medical practitioner and Medical Officer) which both revealed, by 16 percent of the
respondents. Remarkably, another two roles were also resulted in similar percentage, which is 15
percent of the graph goes to the roles of Law enforcement officers and Teachers (including school
administrator). In a nutshell, most popular choice made by the respondents was the Members of
the family.

Figure 1.6 shows the results of upon which ground of believe will the respondents go and report any
incident of abuse which happens within their knowledge. The respondents may choose whether on

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THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

mere suspicions, on the balance of probabilities, when it has become doubtless or they may choose
to do nothing.
From the chart, we know that, 60 percent of the respondents would do a report on child
abuse upon the ground of believe on balance of probabilities. This means that most of the
respondent when having known with 50/50 chance that an event of child abuse is happening, they
would go and lodge a report. In contrast, none of the respondents submitted that they would not do a
report. Subsequently, upon the ground of mere suspicions and doubtless were selected by 32
percent and 8 percent of the respondents, respectively. To conclude, more than half of the
respondents would go and lodge a report on child abuse upon believing that it is happening on
balance of probabilities.

Figure 1.7 displays the respondents opinion of whether a provider of false report on child abuse
incident should be sued or not.
From the chart, it can be appreciate the respondents with 52 percent, agreed that the provider
of false report should be fined and sued. On the contrary, 48 percent of the respondents do not agree
that the provider of the false report should be sued or fined. In short, weak majority of the
respondents felt that the one who provide a false report on incident of child abuse should be fined
and sued.
Do you think a 'free-toll' hotline services for reporting child abuse incident would be effective and
helpful for the public in preventing child abuse cases?

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THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

Figure 1.8 visualize the respondents opinion on the question of whether a free-toll hotline services
for reporting child abuse would be helpful and effective in preventing child abuse cases. The
respondents may either answers yes, no or maybe.
From the chart, there are huge differences between the answers which are carefully chosen
by the respondents. The biggest difference of data findings is between the yes and no answer. The
respondents, with 72 percent has answered yes and on the other hand, only 8 percent of the
respondents chose the No answer. Furthermore, it was found that the respondents who answered
Maybe were represented by only 20 percent of chart. In short, the highest answer responded by the
respondents in answering whether a free-toll hotline if made only for child abuse reporting
purposes would be effective and helpful for the society in preventing child abuse cases is Yes.

Figure 1.9 demonstrates the results in whether the respondents would go and do a report when they
saw a child is being beaten by a care giver because the child did not listen to them.
From the chart, it is obvious that 52 percent of the respondents would do the report only
when they observe that if the child had any suffered injury duty to the beating. Accordingly, the
least percentage with 4 percent of the respondents contended that they would not do a report when
they see such situation happened. Next, another 44 percent of the respondents submitted that they
would do a report. In conclusion, majority of the respondents would report such incident only if the
victim has suffered injury.

Figure 1.10 visualize the responses from the respondents on whether or not they would do a report
if they saw a child are being shouted and cursed by a care giver just because the child didn't listen to
them.

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THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

From the chart, it may be observe that majority of the respondents with 40 percent claimed
that they would do a report if such situation happened within their knowledge. Interestingly, 28
percent of the respondents replied that they would only do a report if the victim child has suffered
injury. However, the rest of the respondents with 32 percent decided that they would not do
anything if they face such situation. In a nutshell, most of the respondents would do a report if they
saw a child being shouted and cursed at by a care giver just because they child did not listen.

Figure 2.1 demonstrates the list of child rights which may be protected under the Malaysia Child
Act 2001. The rights listed for the respondents to choose from are; Rights to essential need, Rights
to protection from abusive behaviour, Rights to care, Rights to love and affection and Rights to
protection from harm.
From the graph, it is presented that most popular class of rights that was selected by the
respondents with 27 percent is Rights to protection from abusive behaviour. In contrast, compared
to Rights to love and affection, the findings resulted in lower rates which is only 16 percent of the

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THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

graph. To add; 21 percent of graph shows that the respondents chose Rights to protection from
harm as another rights of children protected under the Act. Moreover, Rights to care and Rights
to essential need were represented by 19 percent and 18 percent of the graph as the selected rights
chose by the respondents respectively. In brief, the most types of right chosen by the respondents as
the rights which are protected under the Child Act 2001 is the Rights to protection from abusive
behaviour.

Figure 2.2 shows a chart on whether the respondents think child abuse is an offence or not.
Based on the chart, it can be clearly see that all of the respondents agree that child abuse is
an offence.

Figure 2.3 shows the results of the finding on whether the respondents think that by refusing to
provide a child essential needs would amounted to child abuse or not. Essential needs of a child
include clothes, food, home and education.
The charts reveals that approximately 52 percent of the respondents agree that refusing to
fulfil a child essential need would be a form of child abuse. Whereas, only few of the respondents
which resulted with 8 percent do not think that such manners would fall under child abuse.
Accordingly, another 16 percent of the respondents decided that it would most likely to be an abuse.
In addition, Depends, it is arguable was chosen by 24 percent of the respondents. In summary,
majority of the respondents suggested that not providing a child essential needs is amounted to child
abuse.

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THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

Figure 2.4 shows the proportion of the respondents opinion on whether by neglecting and
abandoning a child would fall under child abuse.
As it can be seen from the chart, the highest percentage of the chosen answer by the
respondents was that child abuse includes the act of neglecting and abandoning a child, with 48
percent. On the other hand, it is interesting that 0 percent of the respondents respond that it would
not fall under child abuse. Nevertheless, only a small number of the respondents with 28 percent
suggested that such situation is up to arguments. In fact, another 24 percent of the respondents
contended that it would most likely amounted to child abuse. In conclusion, as shown in the figure,
majority of the respondents submitted that neglect and abandon of a child would be a form of child
abuse.

Figure 2.5 reveals the respondents point of view on whether by beating a child and causing him
injury for teaching purpose can be amounted to child abuse. The respondents were given choices of
answers, either; Yes, Most likely, Depends as it is arguable or No.
From the chart, as it can be seen, the most obvious results would be 44 percent of the
respondents chose the answer of Depends, it is arguable. Whereas, with only 8 percent, very few
of the respondents chosen No as their answer. Subsequently, a similar percentage of respondents
were seen in the answers of Yes and Most likely that is, with 24 percent each. In general, the

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THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

highest percentage of answer chosen by the respondent on whether it is an abuse by beating a child
and causing him injury for teaching purposes was Depends, it is arguable.

Figure 2.6 illustrates the results of the finding on whether the respondents think the act of beating a
child and cause the child injury would be a form of child abuse.
As the chart shows, the most important finding to appear from the data is that 92 percent of
the respondents indicated that such manner would amounted to child abuse. Accordingly, there is a
significant similarity of Depends, it is arguable and No as none of the respondents seemed to
agree on that choice of answers. Further analysis of the data revealed that a small number of the
respondents, with 8 percent, implied that the action would most likely to be an offence of child
abuse.

Figure 2.7 displays the respondents responses on the questions of whether by calling names and
belittling a child can be amounted to child abuse. Varies answers were provided for the respondent
for them to carefully decide. The respondents may answers; Yes, Most likely, Depends as it is
arguable or No.

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From the chart, with 44 percent, almost half of the respondents chose the answer of
Depends, it is arguable. On the other hand, with only a little different in percentage, the first was
24 percent and the other was 20 percent, the respondents chose Yes and Most likely as their
answer respectively. In summary, the answer with highest percentage of answer as chosen by most
respondents was Depends, it is arguable.
Figure 2.8 shows the percentages of the respondents respond on whether molest of a child would
amounted to child sexual abuse.
In response to that question, the chart clearly indicates that majority of the respondents
with 72 percent strongly agree that molest would fall under child sexual abuse. Positively, none of
the respondents contended that the action would not amounted to child sexual abuse. Nonetheless,
the choice of answer Most likely and Depends, it is arguable were selected by 16 percent and 12
percent of the respondents, respectively. To conclude, most of the respondents believes that molest
of a child is a form of child sexual abuse.

Figure 2.9 displays a chart on whether the respondents think that child rape is amounted to sexual
abuse.
From the chart, it can be summarize that 100 percent of the respondents agree that child rape
is a sexual abuse.

Figure 2.10 visualize the categories of offences which the sexual abuse should fall under.
From the chart, it is obvious that majority of the respondents said that sexual abuse should
be classified as a criminal offence, which made up with 76 percent of the respondents. On the

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contrary, none of the respondents think that sexual abuse should either fall under syariah offence or
not an offence. However, with 24 percent, the respondents submitted that a sexual abuse should fall
under a civil offence. As a conclusion, most of the respondents were in common that sexual abuse
should be an offence under criminal liability.

Discussion
Based on Figure 1.4 the result clearly shows that most of respondents contended that they
would report and intervene if they encounter any child abuse incident in the future. The awareness
regarding child abuse issues among the respondents are indeed high, thus the result were as
anticipated. Moreover, the action of reporting and intervene whenever any case of child abuse
happens within the individual knowledge are the most logic and humane. The fact that we still live
in a compassionate society, majority of the respondents felt responsible to do some action as no
children ever deserve to be badly treated by any person. To summarise this trend is very much
expected as individuals becoming more alert of what is happening within their society since other
crimes are also increasing. This was similar to the research made by Koverko (2010) which
indicates that now the non-mandatory reporters are even more active in reporting child abuse
incident since there is more public awareness. Moreover, the reports were done in good faith
without any malicious intent. Accordingly, these days cases over cases of child abused had been
reported, it has come to the extent where little child were abused even by the helper of the family or
the child care centres. This has alarmed the society. Hence, out of sympathy and being thoughtful
the society are taking care of each other and becoming more protective towards any possible abuse
victim. As such, it seems possible that todays frightening global issue suggest the result of the
findings.

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Based on Figure 1.5 the findings have resulted that among other characters, members of the
family are the most responsible to any child abuse incident which happen within their family and
thus have the mandatory duty to report such incident. If abuse of child is happening in a family life,
it is analytical that the members of the family have knowledge about it and must be equally
responsible if they turn a blind eye at such incident. The Malaysia Child Act 2001 provide that it is
mandatory duty imposed upon member of the family of the child by law to inform any abusive
behaviour to a protector if the individual has a reasonable ground on believing such matter is
happening. The law was provided in Section 28(1) of the Act. In addition, in research done by
Nithiyanantham (2010) it was mention that besides the member of the family of the child, the
mandatory duty to report are also imposed on every registered medical practitioner or medical
officer (s.27 (1)) and a child care provider (s.29 (1)). The laws are such in Malaysia. Unfortunately,
this study has been unable to demonstrate the same research done by the author. As presented by
Figure 1.5 some the respondents also chose that among other; themselves as an individual, the law
enforcement officers, the educators and the school administrator as among those who has been
imposed with the mandatory duty. A possible explanation for this result might be that since majority
the respondents are among students who are not quite familiar with the child protection laws, the
findings are not as effective as if it were done among those who has better knowledge about this
research paper, such as; among the officer of child welfare organization or the law enforcer.
However, the results were oddly encouraging that the duty in Malaysia should also be extended to
educators and law enforcement officer. It is encouraging to compare this figure with that research
by Tengku Fatimah and Engku Ahmad Zaki (2012) who opinionated that since children spend most
of their adolescents time in school, this gives the educators better access to be able to detect any
signs of abuse occurrence within the child body or body signs as for example if they have any
sudden change of behaviour. This makes the roles of educators are critical in battling the issue of
child abuse. Hence, the authors expressed that the duty shall be extended to include educators and

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other professional groups. Even though the findings did not support the existing law, it is expected
as the respondents are member of the society. It is therefore likely that such connections exist
between these findings and the society needs, as such that the law maker should critically examine
the above suggestion in order to provide well protective laws for the children.
Based on Figure 1.8 the findings resulted in positive responds from the respondents. Most of
the respondents agreed that by providing a free-toll hotline for reporting child abuse purposive
would be helpful and effective for the society to prevent child abuse cases from keep on rising up. If
the government or any child welfare organization were to provide this medium of reporting, it
would promote better result in reports of child abuse incident done by both mandatory and nonmandatory reporters. The idea behind this method, is that to provide easy access and of assistance
medium of reporting for the reporters. The present findings seem to be parallel with other research
that was done by Koverko (2010) which stated that Michigan has implemented a free-toll number
for exclusive purpose of reporting any suspected child abuse. This measure was adopted so that
reporting becomes easier and more accessible even to the non-mandatory reporters. They make this
to make reports as efficiently as possible so they can response to the report faster and assist the
reporters by sending agents to provide care and help for the suspected abused child. It may be the
case therefore that these findings and the previous research were consistent. The respondents
understand how to make the systems and administrations to work effectively and at the same time
how to promote reporting to the society. This is a good measure that should be applied in
Malaysia, the society without having to spend money or sort out other unnecessary methods, they
can only make a phone call and at any time effectively report a suspected incident of child abuse.
This study has investigated the importance of the role of the society in preventing child
abuse. Returning to the research question at the beginning of this study, it is now possible to state
that in order to identify the roles and the duties of the society in preventing child abuse, specific
result of the findings has been analysed in the above discussion. Throughout the research, they roles

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THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

and duties of the society has been able to be identified. As such, the society should report any
suspected abuse situation so that the welfare body may intervene into that matter at an earlier stage.
Additionally, there is a specific roles among the society has the mandatory duty of reporting any
incident of child abuse. The results of the investigation also shows that a free-toll hotline services
from reporting any suspected child abuse incident would also be helpful and effective to promote
the society duties. In a nutshell, based on the findings collected for the first research objective, it
may be conferred that the first objective of the research has been successfully achieved.
Based on findings in Figure 2.1 we know that majority of the respondents has chosen
Rights to protection from abusive behaviour as one of among other rights protected under the
Child Act 2001. In general, it is expected to be known among the respondents that Child Act was
introduced in order to protect child rights. Children in their very nature are vulnerable and
defenceless, this is why they are deemed to be in need of extra care and protection. Hence, the law
is there in order to uphold their needs and rights to care, protection and assistance without any form
of discrimination from every member of the society particularly their own family. Respondents,
seeing that among other things, the rights to protection from abusive behaviour are the most obvious
rights and thus it is important to be stressed. A previous research supports these findings;
It is in this context that reference will be made to The Child Act 2001, the key outcome of
Malaysias ratification of the Convention on the Rights of the Child (CRC) which forms part
of the protective legal environment for children in the country. Initiatives have been
introduced under this Act to safeguard children from abuse, neglect and violence such as
incest which has been criminalized by the Penal Code and the Domestic Violence Act which
protects the child against violence within family. This Act was introduced to consolidate and
amend the laws relating to the care, protection and rehabilitation of children. (Tengku
Fatimah

and

Engku

Ahmad

Zaki,

2012,

p.

204)

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THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

The comparison was parallel, and this finding has been confirmed by the previous research, which
may be summarized that, the most important rights regulate and protect under the Act is rights of a
child to be protected from any abuse situation or behaviour. However, it does not conclude that
other rights of the children are not provided under the Act, if it is so, this finding would be wrong.
Looking at the result of this particular finding, we can see that majority of the respondents are in
agreement that other rights such as; Rights to protection from harm , Rights to care and Rights to
essential need are also protected under the Act. As such, the result of this finding is seemed to be
successful.
Based on the findings in Figure 2.5 most of the respondents are saying that by beating a
child and caused him injury for teaching purposes is not a child abuse, but it may be a child abuse.
In a situation like that, the court has to look deeper into the factual situation and the possibility for
both party to succeed are equal. The laws in Malaysia which provided under the Child Act 2001, the
evidence from the child himself, solely, would not be sufficient to convict the alleged abuser.
According to Evidence Act section 133A testimony of a child is insufficient unless it is corroborated
by other material evidence (Nithiyanantham, 2010). The author also add that the child when
testifying for evidence must be confirm by the court to be in comfort and free from any harassment
or bullied which may affect his testimonial. Thus, by virtue of The Evidence of Child Act 2007 a
child witness is now allowed to use any methods prescribe (ie livelink or video recording and etc)
when giving his testimony. Furthermore, section 31 of the Child Act also provides that it is an
offence for a person to neglects, abandons or exposes a child to a manner it may cause him physical,
emotional, or sexual injury. Generally, we may see that nothing is ever black or white in law, it is
always grey. In proving exceptional cases like this one, the facts are still up for arguments, this is
why the parliament has provided such laws which are there for the victim or the alleged abuser
himself to use in order to defend themselves. However, the rules and the regulation of the court still
have to be followed in adducing evidence. Thus, in the situation given, there is possibility that it

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THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

may be a child abuse, but there is also that it may not be an abuse. Accordingly, it can be conferred
that the results of this findings is positive and as expected since this finding suggests that the
respondents having full understanding of the how law works. Impliedly, the results are in line with
the previous researches.
Based on the findings in Figure 2.7 the results clearly show that most of the respondents
who participate in this survey believe by calling names and belittling a child will may or may not be
amounted to child abuse. This result may be explained by the fact that law did not expressly made
verbal abuse as an offence in Malaysia. As cited by Che Hasniza and Wan Izatul (2012) according
to Grady (2003) verbal abuse is words that attack or injury an individual, words that cause one to
believe and untrue statement, or words that speak falsely of an individual. Subsequently, since
verbal abuse is somehow did not leave a physical injury towards the victim, in order to proof that
emotional injury has been suffered by a child would be difficult. The invisibility of injury which can
be suffered by a child may suggest the idea why it is not so recognize. However, it is possible that
the result of this finding was pushed by the idea of public awareness in the outcome of verbal abuse
which may affect a child psychological and mental health (Che Hasniza and Wan Izatul,2012).
Hence, even though the result of the finding is quite wrong, it is probable that there is a bigger
picture behind it. These findings may suggest that verbal abuse should be a given a serious
consideration both by the society and the law makers, besides it was the aim of the introduction of
Child Act to provide care, protection and assistance to the children in Malaysia.
This study has analysed the importance of the existing child protection laws on the
prevention of child abuse. To reiterate, the research was done in order to find out the function of the
law in preventing child abuse. The fact that the main rights to be protected under the Child Act 2001
is the rights of protection of the children from any abusive behaviour is enough to review that the
law is functioning effectively. Furthermore, the laws have also provided well-constructed protection
law both in aspect of child abuse offence and child protection in court trial basis. However, it must

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THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

be noted that the law makers also need to provide a clear and specific law in controlling any verbal
abuse to children. Based on the findings collected for the second research objective, it is obvious
that the research objective has been achieved.
All in all, this study has been conducted to explore and further discuss the importance of
the existing child protection laws and the importance of the role of the public in preventing child
abuse. As mention earlier in the introduction the objection of this study was to find out the roles and
duties of the society in helping to prevent child abuse. Moreover, this study also objectively wants
to examine the functionality of the law of assisting in the prevention of child abuse. The society
plays a crucial role in cases of child abuse. Without the society assistance, the effectiveness of the
laws provided for protecting the child would be without credits. Thus, the society should provide a
helping hand to the laws enforcer, in order for the whole institutions who concern in this matter to
be able to work together and prevent child abuse progressively. From this study, it is also noticeable
that child protection law in Malaysia is seemed to be well operating for the sake of the upholding
the childrens interests despites for few improvement that need to be made. The laws in Malaysia is
indeed, well-structured and has achieved their aim in which to provide care, protection and
assistance to the children.
Therefore, evidence from this research seems to suggest that the society which includes the
individual reporter must be able to identify which are abusive behaviour and which are not, this is to
make sure that the report to be done correctly and thus the report receiver or the administration be
able to evaluate the information and perform their part effectively. Moreover, those who have
mandatory duty of reporting must be able execute the duty whenever any child abuse cases happen
within their knowledge. Regardless of the identity of the abuser, they must bear in mind that the
duty is mandatory one, thus, failure to perform they may as well be found liable. Moreover, the
result of this study support the idea that the law enforcer must further expose the law to the society,
this is for the sake of raising the society level of awareness and general knowledge. The benefit of

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THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

such exposal is to prepare the society in analysing what tantamount to child abuse and what not.
This understanding may help to regulate their conduct of practice within their own family and to the
extent of being able to supervise among themselves. We must know that the law is a body while the
government is the heart of the law. This is why, a law without enforcer is only a dead letter.
There were a limitation to the present study which should be highlighted so as to avoid any
overgeneralizations and misinterpretations of the results. There are minimum of respondents as time
is limited plus the conduct of the research cannot be seen as a whole in IIUM as there are various
number of students who do not involved in this research. Thus, it makes this research represent a
small group among IIUM Laws undergraduate students only not in a whole.
Based on the findings and conclusions of the study, it is recommended for the government
or any organizational body to provide the community with free-toll hotline services for reporting
child abuse. The idea behind this is so any report made is immediately and easily notified to the
responsible body. Nonetheless, recommendations also need to be made to the Parliament making
laws body. The fact that verbal abuse is lacking in recognition here in Malaysia, the law makers
should construct more accurate and definite law on that matter. Furthermore, the societies were also
in opinion that some verbal action may amounted a verbal abuse, hence, it is enough to shows that
verbal abuse should be expressly included under the law.

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THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

References
British Journal of School Nursing. (2013). Understanding attachment in abuse and neglect:
Implications for child development. Mark Allen Publishing Ltd. Vol 8. 290-295

Brown, R. (2012). Reporting child abuse and neglect: Who is responsible?. Policy & Practice:
American Public Human Services Association. 20-23.

Esq, K.A.P. (2011). View from the childrens corner: Child welfare law: Why do this work?.
Vermont Bar Association

Koverko, L. (2010). Piercing the veil of secrecy: The impact of the child protection law on the
prevention of child sexual abuse. University of Detroit Mercy Law Review. 88:51. 51-71

Levi, B.H. & Portwood, S.G. (2011). Reasonable suspicion of child abuse: Finding a common
language. American Society of Law, Medicine & Ethics

Nithiyanantham Murugesu. (2010). The role of law and the courts in preventing the abuse of
children: The Malaysian perspectives. Malayan Law Journal Articles. Vol 2.

Palusci, V. J., et al. (2010). Effects of a citizens review panel in preventing child maltreatment
fatalities. Child Abuse & Neglect
doi:10.1016/j.chiabu.2009.09.018

Tengku Fatimah Muliana & Dr. Engku Ahmad Zaki. (2012). Care and protection against child
abuse: With special reference to Malaysia child act 2011. Asian Social Science. Vol 8.
doi:10.5539/ass.v8n1p202

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THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

Appendix

Figure 1.1

Figure 1.7

Figure 1.9
Figure 1.2

Figure 1.3

Figure 1.10

Figure 2.2

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THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

Figure 1.6

Figure 2.3

Figure 2.9

Figure 2.4

Figure 2.10

Figure 2.6

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THE PURPOSE OF CHILD PROTECTION LAW ON THE PREVENTION OF CHILD ABUSE

Figure 2.8