Media Statement No. 32-2025 (OCC)_Remanding Children Must Not Override Rights SUHAKAM Calls for Restorative Justice Approach

KUALA LUMPUR (1 August 2025) – The Human Rights Commission of Malaysia (SUHAKAM) expresses deep concern over reports that a 14-year-old male student has been remanded 2-days for allegedly punching and threatening a schoolteacher after being reprimanded for skipping a physical education class.

SUHAKAM stands in solidarity with the teacher involved and reiterates that violence in any form is unacceptable. Every individual, whether teacher, student, or staff has the right to a safe and respectful environment in which to teach and learn.

However, SUHAKAM also strongly emphasises that children who come into conflict with the law must be treated in a manner that upholds their dignity, rights, and potential for rehabilitation, as guaranteed under the Child Act 2001 [Act 611] (‘Child Act’) and Malaysia’s international commitments, including the UN Convention on the Rights of the Child (‘CRC’) adopted by the United Nations General Assembly on 20 November 1989.

Whilst the nature of this case is serious, the student is protected under section 15 of the Child Act which prohibits the media from revealing any identifying details of a child involved in criminal or custody proceedings from media exposure or public condemnation. This provision reflects the spirit of Article 16 of the CRC which upholds every child’s right to privacy and protection from unlawful interference with their honour and reputation.  SUHAKAM reminds all media outlets and the public to respect the privacy of the child. Public identification, speculation, or vilification of minors is harmful and may breach this provision.

In light of this and similar incidents, SUHAKAM urgently calls on the Government of Malaysia to establish and implement a formal Diversion Policy for children in conflict with the law, in collaboration with stakeholders such as the police, welfare services, schools, and the judiciary.

A diversion mechanism allows children accused of minor or non-violent offences to be redirected away from the criminal justice system into community-based programmes focused on education, counselling, and behavioural support. This approach would not only reduce the risk of criminalisation and social stigma but also address underlying issues such as trauma, neglect, or mental health. Such a policy is not a denial of accountability, but a shift towards restorative and rehabilitative justice which is proven to be more effective and humane for children.

This incident should serve as a catalyst for reflection on broader systemic issues, prompting urgent consideration of whether schools have sufficient proactive and positive behavioural support systems, whether students have timely access to mental health services, and whether teachers are adequately equipped with conflict resolution and trauma-informed strategies. 

SUHAKAM therefore urges the Ministry of Education, school administrators, and relevant stakeholders to strengthen holistic, preventive support systems that prioritise the well-being of both students and educators.

Malaysia must move beyond punitive responses and embrace a child justice system that reflects compassion, equity, and the best interests of the child. SUHAKAM remains committed to working with the government and civil society to realise this vision.

-TAMAT-

Dr Farah Nini Dusuki
Children’s Commissioner
The Human Rights Commission of Malaysia (SUHAKAM) 

Date: 1 August 2025

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