KUALA LUMPUR (7 OCTOBER 2025) – The Office of Children’s Commissioner (OCC) of SUHAKAM reminds all parties to uphold the principles of fairness, dignity, and compassion in ensuring a child-sensitive justice system. The best interests of the child must be the primary consideration in the treatment of child witnesses, ensuring access to justice while protecting them from hardship during the judicial processes.
The Child Act 2001 [Act 611] clearly affirms in its Preamble that “Every child is entitled to protection and assistance in all circumstances”, a protection that extends equally to child witnesses. Complementing this, the Evidence of Child Witness Act 2007 [Act 676] and Evidence of Child Witness (Amendment) Act 2023 [Act A1688] were specifically enacted to safeguard child witnesses by introducing child-friendly procedures during court processes.
Importantly, Section 6B of the Evidence of Child Witness Act further requires courts to prohibit improper questions, including those that are misleading, intimidating, humiliating, or based on stereotypes. This provision is designed to shield children from psychological, emotional, and physical harm while giving evidence.
Malaysia ratified the Convention on the Rights of the Child (CRC) in 1995, affirming its commitment to uphold the full spectrum of children’s rights. This includes the obligation to ensure that child witnesses and all children in contact with the justice system are treated with dignity, compassion, and respect.
In this regard, OCC calls upon all legal practitioners, court officers, and stakeholders to ensure that these safeguards are consistently implemented in practice, so that children are not re-traumatised by their participation in judicial proceedings.
Office for Children’s Commissioner (OCC)
Human Rights Commission of Malaysia (SUHAKAM)
7 October 2025
EN 
MS