The Fundamental Rights of Children Deprived of Liberty Indetention Centres in Malaysia During the COVID-19 Pandemic: A Qualitative Study
DOI:
https://doi.org/10.32890/uumjls2023.14.1.10Keywords:
Children deprived of liberty, Covid-19, detention centres, juvenile justice system, MalaysiaAbstract
The spread of the Covid-19 virus that initially surfaced in China in late 2019 eventually emerged as a global pandemic which adversely affected the worldwide population, including Malaysia. Consequently, the Malaysian government implemented many social and public health measures to help control the spread of Covid-19 in the country. The Covid-19 pandemic affected every level of society in Malaysia, including children who are susceptible to being emotionally, psychologically, and mentally affected due to lockdown measures, school closures, and loss of employment suffered by family members. There is a gap in existing research concerning the impact of Covid-19 on children deprived of liberty in detention centres in Malaysia. Hence, this study aims to identify whether the legal framework in Malaysia adequately protects the rights of children deprived of liberty in detention centres, in line with the international legal framework. A qualitative research design was adopted to explore the issues surrounding the impact of Covid-19 on children in detention centres. Library-based research and semi-structured interviews were carried out with officers from detention centres and the Department of Social Welfare. This research demonstrates that soundpolicies and guidelines and the availability of fully trained staff are essential in meeting the emotional, physical, and mental needs of children in detention centres. This research is significant for policymakers to strengthen the current legal framework in order to afford better protection for children in detention centres, in line with the Ministry of Women, Family and Community Development Policy (2021-2025) as well as the international legal framework.
References
Ahmad, N., Hamid, A. G., & Wok, S. (2016). The pre-trial detention of child offenders: Some evidence from Malaysia. The Social Sciences, 11(30), 7210–7214. https://doi.org/10.3923/ sscience.2016.7210.7214 Ahrens, K. R., Dubois, D. L., Garrison, M., Spencer, R., Richardson, L.
P., & Lozano, P. (2011). Qualitative exploration of relationships with important non-parental adults in the lives of youth in foster care. Children and Youth Services Review, 33(6), 1012–1023.
Autin, K. L., Blustein, D. L., Ali, S. R., & Garriott, P. O. (2020). Career development impacts of COVID-19: Practice and policy recommendations. Journal of Career Development, 47(5), 487–494.
Awal, N. A. M., Al-Adib Samuri, Md Sham, F., & Zainol, I. (2021). Children’s rights in detention centres pursuant to international instruments and the Malaysian legal framework. UUM Journal of Legal Studies, 12(2), 283–305.
ASEAN. (2001). Declaration on the Commitments for Children in ASEAN. https://bice.org/app/uploads/2014/10/declaration_on_ the_commitments_for_children_in_asean.pdf
ASEAN. (2015). ASEAN 2025: Forging Ahead Together. http://aseantuc.org/wp-content/uploads/2015/11/ASEAN-2025Forging-Ahead-Together-for-webCD-FINAL.pdf
ASEAN. (2017). ASEAN Regional Plan of Action on Elimination of Violence Against Children. https://asean.org/wp-content/ uploads/2018/01/49.-December-2017-ASEAN-RPA-onEVAC-2nd-Reprint.pdf
Basir, E. K. (2020, November). Impact of COVID-19 pandemic on children. BERNAMA.com https://www.bernama.com/en/ features/news.php?id=1903310
Baudot, L., & Kelly, K. (2020). A survey of perceptions of remote work and work productivity in the United States during the COVID-19 shutdown. SRRN Electronic Journal, https://doi.org/10.2139/SSRN.3646406 Binswanger, I., Stern, M., Deyo, R., Heagerty, P., Cheadle, A.,
Elmore, J., & Koepsell, T. (2007). Release from prison: A high risk of death for former inmates. The New England Journal of Medicine, 356(2), 157–165. https://doi: 10.1056/nejmsa064115 Bureau of Labor Statistics. (June, 2020). The employment situation. https://www.bls.gov/news.release/archives/empsit_07022020. pdf
Choufany, F. (2020, April). UN Chief calls for greater protection for children caught up in COVID-19 crisis. UN News. https://News.Un.Org/En/Story/2020/04/1061892
Committee on the CRC General Comment No. 24. (2019) on Children’s Rights in the Child Justice System. https://tbinternet.ohchr. org/_layouts/15/treatybodyexternal/Download.aspx?symbolno =CRC%2fC%2fGC%2f24&Lang=en Child Act 2001. (Act 611). Child Frontiers & Malaysian Association of Social Workers for
UNICEF Malaysia. (2020). Understanding the impact of COVID-19 on vulnerable children & families in Malaysia: Social service workers share their experience, perspectives and recommendations for the future. https://www.unicef.org/ malaysia/media/1916/file/Impact%20of%20COVID-19%20 on%20Vulnerable%20Children%20&%20Families%20in%20 Malaysia.pdf
Chung, E., Subramaniam, G., & Dass, L. C. (2020). Online learning readiness among university students in Malaysia amidst COVID-19. Asian Journal of University Education, 16(2), 46–58.
Cochran, J. C., & Mears, D. P. (2013). Social isolation and inmate behavior: A conceptual framework for theorising prison visitation and guiding and assessing research. Journal of Criminal Justice, 41(4), 252–261.
Coker, D. C. (2021). Education, policy, and juvenile delinquents: A mixed-methods investigation during COVID-19. Journal of Education and Learning, 10(1). https://doi.org/10.5539/jel. v10n1p22
Cuban, L., & Jandric, P. (2015). The dubious promise of educational technologies: Historical patterns and future challenges. E-Learning and Digital Media, 12, 425–439. https://doi.org/10.1177/2042753015579978
De Claire, K., & Dixon, L. (2017). The effects of prison visits from family members on prisoners’ well-being, prison rule-breaking, and recidivism: A review of research since 1991. Trauma, Violence, & Abuse, 18(2), 185–199.
Faruqi, S. S. (2020). Our constitution. Sweet & Maxwell.
Fullan, M. (2013). Commentary: The new pedagogy: Students and teachers as learning partners. Learning Landscapes, 6(2), 23−29. https://doi.org/10.36510/learnland.v6i2.601
García, M. T., & Butrymowicz, S. (2020). Online programs used for coronavirus-era school promise results. The claims are misleading. USA Today. https://www.usatoday.com/
Graham, K. (2020). Who’s showing up for school during the pandemic? In Philly, it’s just over half of students. Inquirer. https://www.inquirer.com/
Hamid, A. G. (2019). Public international law: A practical approach. (4th ed.) Sweet & Maxwell.
Hobbs, T. D., & Hawkins, L. (2020). The results are in for remote learning: It didn’t work. Wall Street Journal. https://www.wsj. com/
Human Rights Watch. (2020). World: Detained children left out of
Covid-19 response (2020). https://alliancecpha.org/en/childprotection-news/world-detained-children-left-out-covid-19response
Iudici, A., & Maiocchi, A. (2014). Community justice and juvenile offender: The management of an individual case with criminal slope with community involvement. Mediterranean Journal of Social Sciences, 5(20), 2015.
Kilkelly, U. (2008). Youth justice and children’s rights: Measuring compliance with international standards. Youth Justice, 8(3), 187–192.
Langat, K., Melly, J., & Nyawira, M. (2020). Impact of COVID-19 on incarcerated offenders and community reintegration challenges in Kenya prisons. American Research Journal of Humanities Social Science, 3(6), 55–62.
Lonne, B., Scott, D., Higgins, D., & Herrenkohl, T. I. (Eds.). (2019). Visioning a public health model for protecting children from child maltreatment: Contemporary issues in research and policy. Springer.
Merz, E. -M., Consedine N. S., Schulze, H. -J., & Schuengel, C. (2009). Well-being of adult children and ageing parents: Associations with intergenerational support and relationship quality. Ageing & Society, 29, 783–802. https://doi.org/10.1017/ s0144686x09008514
Chalil, M. (2020, October 2020). NGOs in Malaysia reveal the impact of Covid-19 on children’s mental health. Malaymail.com. https://www.malaymail.com/news/life/2020/10/01/ngos-inmalaysia-reveal-the-impact-of-covid-19-on-childrens-mentalhealth/1908361
Ministry of Health Malaysia. (2020, January). Director General of Health, Malaysia Media Statement.
Ministry of Health. (2022). Vaccination in Malaysia. https://covidnow. moh.gov.my/vaccinations/
Muralidar, S., Ambi, S. A., Sekaran, S., & Krishnan, U. M. (2020). The emergence of COVID-19 as a global pandemic: Understanding the epidemiology, immune response and potential therapeutic targets of SARS-CoV-2. Biochimie, 179, 85–100. National Recovery Plan Malaysia’s Roadmap to Safely Exit the
COVID-19 Pandemic. (2021). https://pelanpemulihannegara. gov.my/laporan/PPN-en/index.html
Ozimek, A. (2020). The future of remote work. https://doi.org/10.2139/ ssrn.3638597 The Alliance for Child Protection in Humanitarian Action and
UNICEF. (2020). Technical Note: COVID-19 and Children Deprived of their Liberty. https://alliancecpha.org/en/system/ tdf/library/attachments/covid-19_and_children_deprived_of_ their_liberty_v1_lowres_0.pdf?file=1&type=node&id=37576
The Alliance for Child Protection in Humanitarian Action et al. (2020). Open letter from international civil society organisations and child-focused agencies: Covid-19 and the impact of pandemic response plans threaten immediate and long-term risks to public health and child protection. https://maestral.org/wp-content/ uploads/2020/06/Open-Letter-on-COVID-19-and-ChildProtection-Risks-final-for-endorsement-with-logos-6.4.20.pdf United Nations General Assembly A/74/136. (2019). Global study on children deprived of liberty: Note by the Secretary-General. https://undocs.org/A/74/136 United Nations Rules for the Protection of Juveniles Deprived of Their Liberty (A/RES/45/113) (1990) (Beijing Rules). http://daccessdds-ny.un.org/doc/RESOLUTION/GEN/NR0/565/02/IMG/ NR056502.pdf?OpenElement
UNICEF. (2020a). Children in detention are at heightened risk of contracting Covid-19 and should be released. https://www. unicef.org/press-releases/children-detention-are-heightenedrisk-contracting-covid-19-and-should-be-released
UNICEF. (2020b). Protect our Children: Response to the UN SecretaryGeneral’s call on countries to prioritise children’s education, food, health and safety amid the Covid-19 pandemic. https://www.unicef.org/sdgs/protect-our-children-during-covid-19
UNICEF. (2020c). UNICEF welcomes the release of children from the detention: Virtual courts expedite the release of the children awaiting trial amid COVID-19 pandemic. https://www.unicef. org/bangladesh/en/press-releases/unicef-welcomes-releasechildren-detention
UNICEF. (2020d). UNICEF Welcomes the release of 85 children from detention in South Sudan. https://www.unicef.org/pressreleases/unicef-welcomes-release-85-children-detentionsouth-sudan UNICEF East Asia, the Pacific Regional Office and the Global
Social Service Workforce Alliance. (2019). The Social Service Workforce in the East Asia and Pacific Region: MultiCountry Review. https://www.unicef.org/eap/media/4561/file/ workforce.pdf
Sliż, P. (2020). Remote work during the COVID-19 epidemic in Poland – Results of an empirical study. E-mentor, 3(85), 50–65. https://doi.org/10.15219/em85.1474
Wexler, N. (2019). How classroom technology is holding students back. MIT Technology Review. https://www.technologyreview. com/
World Health Organization. (2021). WHO Coronavirus Dashboard (Covid-19). https://covid19.who.int/
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