Malaysia

Malaysia praised for progress in health care, criticized over criminal punishments for children

Malaysia praised for progress in health care, criticized over criminal punishments for children
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The UN Committee on the Rights of the Child on Friday praised Malaysia’s positive developments in maternal and infant health care, while questioning the employment 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, Jurist News reported.

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.”
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.

As of January 2026, Malaysia is home to an estimated 22.5 million to 23 million Muslims, representing approximately 63.5% of the country’s total population.

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