The UN Committee on the Rights of the Child on Friday hailed Malaysia’s positive developments in maternal and infant health care, while questioning the use of penalties for children convicted in serious crimes and calling for alternatives to institutionalization for children.

Following its review of Malaysia’s latest periodic report, the committee commended the country’s efforts to improve maternal health care and reduce infant mortality rates. According to the report, as of 2018, there were 343 1Malaysia clinics and eleven 1Malaysia mobile clinics comprising seven buses and four boats for the rural population. This low-cost, affordable healthcare has improved access to maternal and child health care.

However, rights experts raised concerns about child protection in death penalty cases and rehabilitation measures for children who had been detained indefinitely, in alternative to the death penalty. Under Malaysian law, section 97 of the Child Act 2001 protects children who are convicted of a grave crime from being given the death penalty. Instead, the law requires the court to order the detention of the child in prison “during the pleasure of” the Malaysian king, leading to indefinite detention.

The Malaysian delegation, however, clarified to the committee that this “detention was not automatic and indefinite; the child’s case was reviewed once per year by an independent body which considered various factors and could recommend early release when appropriate, ensuring rehabilitation remained possible.” This process aligns with section 97(4) of the same Act, which imposes a duty on the Board of Visiting Justices to review the detainee child’s case “at least once a year” and grants the board discretion to advise the king either for the child’s early release or further detention.

The delegation further stated that Malaysia had no plans to raise the age of criminal responsibility, which currently stands at 10-years-old under section 82 of the Penal Code.

Additionally, Committee vice chair Thuwayba Al Barwani, expressed concerns over Malaysia’s “serious failure” in the alternative care system following the 2024 exposure of the widespread child abuse in welfare homes.

Barwani highlighted the urgent need for structural reform of these facilities, raising questions on Malaysia’s efforts, including the training provided to foster carers and measures to ensure affordable, quality care for children in vulnerable situations.

In 2023, Malaysia abolished the mandatory death penalty for 12 offences and fully abolished the death penalty as an option for seven offenses under the Abolition of Mandatory Death Penalty Act. For 12 offenses, including murder, drug trafficking, and treason, the law replaces the mandatory duty of courts to impose the death penalty with a discretionary power, which includes sentencing between 30 and 40 years of imprisonment. This in turn, has allowed many adult prisoners to file for review of their death sentences.

The experts’ remarks on child punishment come as legal experts raise questions about the plight of children detained indefinitely in prison. Several former child prisoners have also recently filed applications at the Federal Court asking for reconsideration of their sentences, asserting that their constitutional rights had been violated.