1. 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

2. 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 13-18 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.

3. Table 1: Profiles of the respondents ProfileNumber (person)Percentage (%) Gender: Boys Girls Total 141 283 424 33.3 66.7 100.0 Age: 13years old 14years old 15years old 16years old 17years old 18years old Total 71 75 90 96 88 4 424 16.8 17.7 21.2 22.6 20.8 0.9 100.0 Ethnicity: Malay Chinese Indian Others (Indigenous) Total 339 19 39 27 424 80.0 4.5 9.1 6.4 100.0

4. Cont. Table 1 ProfileNumber (Person)Percentage (%) Religion: Islam/Muslim Christian Hindu Buddhist No religion Total 358 20 33 11 2 424 84.4 4.7 7.8 2.6 0.5 100.0

5. Table 2: Implementation of child rights to life, Children Homes – Malaysia Children’s responsesYESNO Number (Persons) Percentage (%) Number (Persons) Percentage (%) I am happy here16939.925560.1 I am afraid here16739.425760.6 My identity is well protected here 35884.46615.6 I am staying here voluntary9823.132676.9 I keep in touch with my family28667.513832.5 When I fall sick, I was taken care of by the members staff of the Home 30972.911527.1 When I fall sick, I was referred to the hospitals/clinics 25059.017441.0 When I fall sick, I received extra special care from the members staff of the Home 17441.025059.0

6. 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 12028.330471.7 I am insured from any form of accidents/injury 20047.222452.8 My house is better than this Home 28867.913632.1 I am satisfied with the Home facilities 20347.922152.1 I am happy with the clothes provided by the Home 21350.221149.8 I like the food here25660.416839.6 The Home is clean22252.420247.6

7. Table 3 : I mplementation of child rights to development, Children Homes - Malaysia Children’s responsesYESNO Number (Persons) Percentage (%) Number (Persons) Percentage (%) I go to school30571.911928.1 I attended school exams & did well38290.1429.9 I failed to sit for my Primary 6/ Secondary 3 Assessment 11727.630772.4 I attend tuition classes15937.526562.5 I think I do great in my study18543.623956.4 The Home is providing special program for it’s resident who has learning problems/difficulties 23455.219044.8 Members staff of the Home assist me with my homework/study 24056.618443.4

8. Cont. Table 3 Children’s responsesYESNO Number (Persons) Percentage (%) Number (Persons) Percentage (%) I want to attend university/ college33679.28820.8 I know requirements to attend university 19746.522753.5 I have an ambition37788.94711.1 I have great knowledge about my ambition 19746.522753.5 I have other skills, other than academic 25660.416839.6 Many readings available in the Home22653.319846.7

9. 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 23154.519345.5 I have been involved in sexual activity 5412.737087.3 I am working outside the Homes 8620.333879.7 I know that a child under the age of 16 years old are not allowed to work 27865.514634.4

10. Table 5: Respondents involvement in antisocial behavior BehaviorInvolveDo not involve Number (Person) Percentage (%) Number (Person) Percentage (%) Drug 5312.537187.5 School truancy 6916.335583.7 Truancy from most of the Homes activities 5011.837488.2 Stealing 153.540996.5 Fist-fighting, bullying, threatening/blackmailing other residents 153.540996.5 Smoking 102.441497.6 Being rude 153.540996.5 Offensive behavior 235.440194.6 Escape/ run away from the Homes 112.641397.4 Involved with sexual activities 40.942099.1 Vandalism 40.942099.1 Gangsterism 40.942099.1 Police case 15536.626963.4

11. 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 11928.130571.9 I do go out with my case manager 18343.224156.8 I always meet and communicate with my case manager 11126.231373.8 I talk to the counselor; whenever I have a problem 20949.321550.7 Members staff of the Homes always lost their temper in dealing with our behavior and attitudes 31273.611226.4 Appropriate actions have been taken by the Homes supervisor and counselor to respond to my misconduct 424100.0-- I am satisfied with the actions taken by the Homes in managing its residents behavior and misconduct 19746.522753.6 Disciplinary actions taken by the supervisor and counselor of the Homes are effective to all children 13932.828567.2

12. Table 7 : Implementation of child rights to participation Children’s responsesYESNO Number (Persons) Percentage (%) Number (Persons) Percentage (%) I can express my views and opinions 17942.224557.8 I engage in extra-curricular activities at school 28467.014033.0 I receive the same treatment as other students 22352.620147.4 I engage in extra-curricular activities at the Home 424100.0-- I am a member of the Peer Panel Group 12329.030171.0 I organize programs/activities based on my interest 9923.332576.7 I engage in community programs/activities outside the Home 24056.618443.4

13. 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.