CHILDREN’S VIEWS ON THE IMPLEMENTATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD (CRC). THE CASE OF CHILDREN IN STATE CARE, MALAYSIA Siti Hajar Abu Bakar Ah (Ph.D) Department of Social Administration & Justice, University Malaya, Kuala Lumpur Malaysia Pathmanathan a/l Nallasammy Senior Welfare Officer Social Welfare Department, Malaysia
THE 2010 STUDY 1.Intention of the study was to identify types of children rights, suggested by the CRC, that is either being implemented or not implemented by the Children Homes, from the children perspectives. 2.Face to face interview, using a structured piloted questionnaire; namely the “CRC implementation study of 2010” was conducted. 3.This study involves all 424 children of age years old, both genders, and from all believes, who are being detained in the Children Homes, nationwide. Profiles of them are display in Table 1.
Table 1: Profiles of the respondents ProfileNumber (person)Percentage (%) Gender: Boys Girls Total Age: 13years old 14years old 15years old 16years old 17years old 18years old Total Ethnicity: Malay Chinese Indian Others (Indigenous) Total
Cont. Table 1 ProfileNumber (Person)Percentage (%) Religion: Islam/Muslim Christian Hindu Buddhist No religion Total
Table 2: Implementation of child rights to life, Children Homes – Malaysia Children’s responsesYESNO Number (Persons) Percentage (%) Number (Persons) Percentage (%) I am happy here I am afraid here My identity is well protected here I am staying here voluntary I keep in touch with my family When I fall sick, I was taken care of by the members staff of the Home When I fall sick, I was referred to the hospitals/clinics When I fall sick, I received extra special care from the members staff of the Home
Cont. Table 2 Children’s responses NO YES Number (Persons) Percentage (%) Number (Persons) Percentage (%) When I was hospitalized, members staff of the Home visited me I am insured from any form of accidents/injury My house is better than this Home I am satisfied with the Home facilities I am happy with the clothes provided by the Home I like the food here The Home is clean
Table 3 : I mplementation of child rights to development, Children Homes - Malaysia Children’s responsesYESNO Number (Persons) Percentage (%) Number (Persons) Percentage (%) I go to school I attended school exams & did well I failed to sit for my Primary 6/ Secondary 3 Assessment I attend tuition classes I think I do great in my study The Home is providing special program for it’s resident who has learning problems/difficulties Members staff of the Home assist me with my homework/study
Cont. Table 3 Children’s responsesYESNO Number (Persons) Percentage (%) Number (Persons) Percentage (%) I want to attend university/ college I know requirements to attend university I have an ambition I have great knowledge about my ambition I have other skills, other than academic Many readings available in the Home
Table 4 : Implementation of child rights to protection, Children Homes - Malaysia Children’s responsesYESNO Number (Persons) Percentage (%) Number (Persons) Percentage (%) During my stay here, I came across experiences where I was battered, bullied and assaulted I have been involved in sexual activity I am working outside the Homes I know that a child under the age of 16 years old are not allowed to work
Table 5: Respondents involvement in antisocial behavior BehaviorInvolveDo not involve Number (Person) Percentage (%) Number (Person) Percentage (%) Drug School truancy Truancy from most of the Homes activities Stealing Fist-fighting, bullying, threatening/blackmailing other residents Smoking Being rude Offensive behavior Escape/ run away from the Homes Involved with sexual activities Vandalism Gangsterism Police case
Table 6: Inclusion of a child rights to protection in the process of case management Children’s responsesYESNO Number (Persons) Percentage (%) Number (Persons) Percentage (%) I involve with the Case Conference I do go out with my case manager I always meet and communicate with my case manager I talk to the counselor; whenever I have a problem Members staff of the Homes always lost their temper in dealing with our behavior and attitudes Appropriate actions have been taken by the Homes supervisor and counselor to respond to my misconduct I am satisfied with the actions taken by the Homes in managing its residents behavior and misconduct Disciplinary actions taken by the supervisor and counselor of the Homes are effective to all children
Table 7 : Implementation of child rights to participation Children’s responsesYESNO Number (Persons) Percentage (%) Number (Persons) Percentage (%) I can express my views and opinions I engage in extra-curricular activities at school I receive the same treatment as other students I engage in extra-curricular activities at the Home I am a member of the Peer Panel Group I organize programs/activities based on my interest I engage in community programs/activities outside the Home
CONCLUSION 1.A rights-oriented approach is an influential empowerment tool for children who are in the care of the state. 2.Child welfare system of Malaysia and/or child care institutions of Malaysia needs to adapt with the perspective. They need to be guided with a balance combination of needs and rights They also need to be equipped with strategies to respond to unforeseen challenges in any effort to hybrid the children’s needs and rights. 3.Only then, most of the rights suggested by the CRC can be delivered properly by the children institutions, and can be enjoyed by children.