LAW AND ADVOCACY IN

EARLY CHILDHOOD
EDUCATION
(ECE 2123)
ASMIDAR BINTI ABU HASAN
M.Ed (Early Childhood Education)
CHILD ACT AND REGULATIONS
(ACT 611)
Child
• A person under the age of eighteen years
• In relation to criminal proceedings, means a person who has attained
the age of criminal responsibility as prescribed in section 82 of the
Penal Code (Act 574)
• Any act of a child under 12 years old – Nothing is consider an
offence
82. Nothing is an offence which is done a child under ten years of age.
83. Nothing is an offence which is done by a child above ten years of age and
under twelve, who has not attained sufficient maturity of understanding to judge of
the nature and consequence of his conduct on that occasion.
LAWS OF MALAYSIA – CHILD ACT
2001 (ACT611)
• The Child Act 2001 is a Malaysian law which served to consolidate the
Juvenile Courts Act 1947 (Act 90) , the Women and Girls Protection
1973 (Act 106) and the Child Protection Act 1991 (Act 468).
• It was enacted partially in order to fulfil Malaysia’s obligations under
the United Nations Convention on the Right of the Child.
• The Act was meant to give further protection to child offenders.
• The Act has provided extra protection for a child offender especially
with regards to the privacy of the child.
• The trial for the court for children shall be in closed court ( in camera).
Only certain specified persons are allowed to attend the trial.
 ACKNOWLEDGE THAT A CHILD BEING
IMMATURE
Acknowledge that a child, by reason of his
physical, mental and emotional immaturity is
in need of special safeguards, care and
assistance, after birth, to enable him to
participate in and contribute positively
towards the attainment of the ideals of civil
Malaysian society.
 NON-DISCRIMINATION POLICY
Recognizing every child is entitled to
protection and assistance in all circumstances
without regard to distinction of any kind,
such as race, colour, sex, language, religion,
social origin or physical, mental or emotional
disabilities or any other status.
 Preamble of the Act provides the
following recognitions and
acknowledgements
1.RECOGNIZING that the country’s vision of a fully developed nation
is one where social justice and moral, ethical and spiritual
developments are just as important as economic development in
creating a civil Malaysian society which is united, progressive,
peaceful, caring, just and humane
2.RECOGNIZING that a child is not only a crucial component of such
a society but also the key to its survival, development and prosperity
3.ACKNOWLEDGING that a child, by reason of his physical, mental
and emotional immaturity, is in need of special safeguards, care and
assistance, after birth, to enable him to participate in and contribute
positively towards the attainment of the ideals of a civil Malaysian
society
4. RECOGNIZING every child is entitled to protection and
assistance in all circumstances without regard to distinction of any
kind, such as race, colour, sex, language, religion, social origin or
physical, mental or emotional disabilities or any other status
5. ACKNOWLEDGING the family as the fundamental group in
society which provides the natural environment for the growth,
support and well-being of all its members, particularly children, so
that they may develop in an environment of peace, happiness, love
and understanding in order to attain the full confidence, dignity and
worth of the human person
6. RECOGNIZING the role and responsibility of the family in
society, that they be afforded the necessary assistance to enable
them to fully assume their responsibilities as the source of care,
support, rehabilitation and development of children in society
THE SOCIAL WELFARE DEPARTMENT
MALAYSIA (JKMM)
• JKM or known as Department of Social Welfare Malaysia under the
Ministry of Women, Family and Community Development was
established in 1946 and has been through several structural changes
since.
• The department started with its involvement in managing problems
that stemmed from World War II.
• From there, its roles and functions have expanded to preventive and
rehabilitative services in social issues and development of community.
• It is one of the agencies under the administration of the Ministry of
Women, Family and Community Development.
Vision
A caring and harmonious society
Mission
Towards a society that is socially harmonious
Motto
The Blessings of Good Deeds
Objectives
• To provide protection and rehabilitation to the department's target groups
• To develop a community through attitudinal change and building capacity
towards self-reliance
• To create a caring society
• To enhance the community's well-being through professional social welfare
services, social development and a strategic sharing of responsibilities
Department's Target Groups
• Children (according to the Child Act 2001)
• People with disabilities
• Older persons
• Destitute persons (according to the Destitute Persons Act
1977)
• Family (women and girls, single parents, victims of domestic
violence, the poor and people with problems)
• Victims of natural disaster
• Voluntary welfare organisations
 PROGRAMMES AND ACTIVITIES UNDER
JKM
For Children
The Department is responsible for the provision of care, protection and rehabilitation of children to ensure their
well-being. Programmes are institutional based as well as community-based and implemented with the cooperation
and participation of the community and voluntary organisations. The activities provided by the institution under the
Department include guidance and counselling, formal education, religious and moral education, recreational
activities, as well as health and medical services. Other services undertaken by the Department include:
• Protection and Rehabilitation for:
- Children in conflict with the law
- Children who are beyond control
- Children exposed to prostitution
- Urgent protection for children forced into prostitution/illegitimate pregnancy
• Rehabilitation Programmes for Juveniles:
- Preparation of probation reports
- Supervision of probation cases
• District Child Welfare Committees
- Supervision of probation cases
• Care and Protection
- Management of child abuse cases
- Neglected and abandoned children
Legal and Advocacy Division
The Legal and Advocacy Division is responsible for ensuring that all
services of the department are carried out in accordance to the existing
legal provisions, rules and regulations. Their services include:
• Registration of Child Care Centres in accordance with the Child Care
Centre Act 1984
• Registration of Care Centres in accordance with the Care Centre
Act 1993
• Advocacy and legal literacy
• Review of Acts
Socio-Welfare Institutions and Children's Activity Centres
Besides carrying out activities and programmes to help the targeted groups, JKMM has set up
various Socio-Welfare Institutions to provide social services to the public. They are:
• Children Institutions
- Rumah Kanak-kanak
- Rumah Tunas Harapan
• Protection and Rehabilitation Institutions
- Desa Bina Diri
• Senior Citizens and Epidemic Patients
- Rumah Seri Kenangan
- Rumah Ehsan
• Institusi OKU (Golongan Kurang Upaya)
- Bengkel Daya (Bengkel Terlindung)
• Institusi Warga Emas dan Keluarga
• Pusat Perkembangan Kemahiran Kebangsaan Serendah
• Kompleks Penyayang Bakti Sungai Buloh
• Others
- Taman Seri Puteri
- Sekolah Tunas Bakti
- Taman Sinar Harapan
CHILD PROTECTION

The child has been 1. is unfit, or has 1. For the purpose

if

The parent or guardian of the child

investigated or treated
The child needs to be examined,
A child is in need of care and protection
or there is neglected, or is of restoring or
substantial risk like unable, to exercise preserving his
physically injured 2. has health 2. his
or emotionally acted negligently in parent or guardian
injured or sexually exercising 3. neglects or refuses
abused by his has neglected or is to have him so
parent or guardian unwilling to provide examined,
or a relative for him adequate investigated or
care, food, clothing treated
and shelter
 Offences and Penalty
Any person who

Procures a child
Sells, lets for hire,
for purposes of Engages or hires,
buys or hires, a In the case
prostitution or for for any valuable
child with intent offences be liable
the purposes of consideration, a
that the child is to to a fine not
having sexual child to provide
be employed or exceeding fifty
intercourse with services for that
used for purpose thousand fifteen
any other person person’s sexual
within or outside years or to both
either within or gratification
Malaysia
outside Malaysia
THANK YOU