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With regard to repression, the Senegalese law has several texts aimed at punishing the perpetrators of abuses and violence, including: - Article 569 of the Code of Criminal Procedure, which establishes the juvenile court in each regional court (currently the High Court); - Articles 294 et seq. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
of the Penal Code which provide for sanctions against acts of injury and beatings against persons and any other violence or assault; - Article 298 of the Penal Code, which punishes physical violence and willful neglect of a child; - Article 298 which provides for a prison sentence of one to five years and a fine of 25,000 to 200,000 francs for acts of injury or beatings of a child under the age of fifteen years, willful deprivation of food or care to the extent of compromising the health of the child or violence or assault committed against the child. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
The Committee would like to urge the Government of Senegal to take care of and reintegrate child victims of rape and abuse and to recommend investing more in the preventive and curative fight against rape and abuse of children.
The care for children who are victims of violence or sexual abuse is ensured first of all through the service offer and the referral system of the health structures.
The offer of care is based on the architecture of the health pyramid. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
At the community level, victims of rape and abuse are first cared for by health huts or health posts for first aid, then referred to health centers and then to hospitals for a more complete case management.
This mechanism largely contributes to the reception, emergency care and reporting of cases of sexual violence against children. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
Health professionals, subject to medical confidentiality, direct the families of the victims to the competent judicial authorities, besides the issuing of medical certificates.
Besides this medical mechanism, victims' protection offers are available from the specialized social services of the government and civil society organizations. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
Implementation of the ACRWC - Senegal Periodic Report (2011-2017) 25 The promotion of toll-free phone lines or numbers in reception centers and legal aid offices greatly facilitates the reporting of cases of sexual abuse, orientation and care of victims.
By way of illustration, the GINDDI Center through line 116 received 11,726 calls in 2012, of which 7,387 were related to acts of violence and abuse. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
Civil society organizations make a significant contribution to the care of victims of sexual violence or abuse through the opening and running of an emergency reception, listening and care center.
The support and care of minors who are perpetrators or victims of criminal law offenses, is also receiving more and more support from the State, including the existence of a legal aid fund amounting to 400 million. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
This initiative, managed by the Bar, is complemented by pilot experiments of care and support to child victims with the setting up on a trial basis of a specific fund housed in the Directorate of Human Rights of the Ministry of Justice. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
Other State departments such as the Child Protection Support Unit of the Presidency of the Republic, the Directorate of Rights, Child Protection and Vulnerable Groups of the Ministry of Women, Family and Children regularly support the care of child victims of sexual abuse, early pregnancy and other childhood diseases that require emergency care often costly for poor families. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
Several civil society organizations are developing similar legal and judicial assistance initiatives by providing child victims and their families with counseling, psychosocial support, and means of support for emergency care, the services of a lawyer, etc. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
Article 21: PROTECTION AGAINST NEGATIVE SOCIAL AND CULTURAL PRACTICES The Committee encourages the carrying out of awareness-raising campaigns, training and promotion of the Human Rights of the Child and especially the girl child; the sensitization and involvement of marabouts, priests and other religious and traditional leaders on the promotion of the rights of the child, both girls and boys, with a focus on rape and FGM, early marriages and the integration of a module on the Rights of the Child in pre-service training programs for personnel responsible for children's issues (magistrates, police officers, gendarmes, military and specialized educators or social workers) for better consideration. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
Intensive and repeated communication campaigns have been conducted by the Government and civil society organizations to sensitize communities on the harmful consequences of child marriage and FGM, mainly at the health and social levels. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
The 2013 SITAN report4 4 UNICEF report on the situation of children in Senegal - March 2013 Implementation of the ACRWC - Senegal Periodic Report (2011-2017) 26 shows a significant mindset change with 79% of women who think that excision should be abandoned and only 17% of women who continue to think that it is a religious prescription. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
Due to the correlation between public opinion and the level of education and economic well-being of the household, initiatives to strengthen the economic capacities of families and communities are developed in the most affected areas. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
In addition, a partnership is being developed with the authorities and religious authorities, the press and parliamentarians to strengthen advocacy in the implementation of the UN Resolution banning FGM / C. In the framework of the fight against child marriage, Senegal has committed to work to end this practice by launching its National Campaign “Ending Child Marriage in Senegal” in June 2016. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
To date, a national plan of action to combat child marriage is being developed to federate all the initiatives developed in this direction.
In addition, a communication plan for a change of behavior on the issue of marriage is planned to accompany the action plan.
Other thematic communication plans have also been developed to bring about social change on issues related to child exploitation through begging and registration of children at birth. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
Furthermore, care for victims of violence is a real problem, particularly with regard to the provision of health care services and psycho-social support.
Also, for an improvement of the care of the victims, the Ministry of Health and Social Welfare, in collaboration with the Center for Training and Research in Reproductive Health (CEFOREP) and with the support of Partners like UNICEF and UNFPA, has developed training tools for the medical management of this social scourge. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
These are Training Modules for the Management of Victims of Trauma from Gender Based Violence, including FGM, and an FGM Image Box.
These tools, intended for health technicians and community actors, aim to build their capacities to improve the quality of the provision of care services and enable them to play their full role in the chain of holistic care of the victims. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
In addition to this, there is the establishment of a reception and support center for the socio-economic reintegration of women and girls who are victims of obstetric fistula, the promotion of a toll-free line for reporting and orientation of victims of violence, legal aid offices for assistance in judicial proceedings and the establishment of an inter-departmental committee for the revision of texts to eliminate all the discriminatory passages noted. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
As part of the ongoing training of stakeholders in the sector, training modules on child protection integrated the curricula of the Judicial Training Center (CFJ), as well as the National School of Specialized Social Workers (ENTSS). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
Implementation of the ACRWC - Senegal Periodic Report (2011-2017) 27 Article 30: CHILDREN OF IMPRISONED MOTHERS The Committee would like to request the Government of Senegal to make the necessary arrangements for a mother not to be imprisoned with her child pursuant to the Charter.
In the ordinary judicial procedure, the magistrate always retains the power to grant the pregnant woman interim release or place her under judicial supervision. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
The procedural provisions in force allow women imprisoned with their children under three years of age to benefit from a release arrangement at any time.
The Committee encourages the construction of a special building equipped with all amenities and equipped for vocational training, with the assistance of human resources external to the prison environment as mentioned in the Report. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
To improve the living conditions of the detainees, the government is planning to erect a new prison with a capacity of 1,500 beds that respects international norms and standards.
For the care of sick inmates including children, there is upcoming pilot experiment of establishing five medico-penitentiary units in five different regions. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
There is the special pavilion of Aristide le Dantec Hospital, which receive sick prisoners In addition, the regional remand and correction centers all have a juvenile section in order to allow minor detainees to have specific premises especially designed for recreational, educational and socio-professional activities.
PART TWO OTHER PROGRESSES IN THE IMPLEMENTATION OF THE CHARTER Further significant progress is noted in the implementation of the ACRWC. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
Article 27: SEXUAL EXPLOITATION The States Parties to this Charter commit to protect the child against any form of sexual exploitation or abuse and commit in particular to take measures to prevent: (a) incitement, coercion or encouraging a child to engage in any sexual activity; (b) the use of children for prostitution or any other sexual activity; (c) the use of children in pornographic activities and scenes or publications. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
Various forms of exploitation and sexual abuse are punishable under the Penal Code, in particular: Implementation of the ACRWC - Senegal Periodic Report (2011-2017) 28 - rape with article 320 which provides for 5 to 10 years of imprisonment, with aggravating circumstance, punishable by the maximum penalty, if it is a minor under 13 years; - pedophilia (article 320A) punishable by imprisonment ranging from 5 to 10 years if the crime is committed on a minor under 16 years. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
The maximum sentence will be pronounced if the perpetrator is an ascendant or a person having authority over the minor; - commercial sexual exploitation, with article 320a, which punishes child pornography; - sexual harassment (article 319a) which exposes the perpetrator to a prison sentence of 6 months to 3 years, with a fine of CFA F 50,000 to 500,000. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
The maximum penalty is pronounced if the victim is under the age of 16; - indecent assault (articles 319 and 320) whose sentence is 2 to 5 years if it is committed without violence, 5 to 10 years otherwise; - debauchery of youth for exhibitions or sexual relations (article 320) punishable by 1 to 5 years of imprisonment and a fine of FCFA 100,000 to 1,500,000. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
The sentence will be 3 to 7 years in prison and FCFA 200,000 to 3,000,000 of fine if the victim is under 13 years; - the incitement to debauchery (Article 324, paragraph 2) sanctioned by imprisonment for 2 to 5 years and a fine of FCFA 300,000 to 400,000; - prostitution, in its articles 323 to 328 which provide for 2 to 5 years of prison and a fine of FCFA 300,000 to 4,000,000. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
A special provision is provided in Article 327a concerning the minor victim who may be called to testify in a juvenile court and benefit from protective measures provided for by the Code of Criminal Procedure; - the enticement of child (articles 346 and 347) punished by 5 to 10 years of forced labor, in perpetuity if the victim is under 15 years of age and has not been found before the conviction; - sequestration (article 334) sanctioned by 10 to 20 years of forced labor for cases of alienation of liberty of a person, 1 month to 2 years and FCFA 20,000 to 115,000 if the victim is pledged. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
The penalty is increased to 5 years if the victim is less than 15 years old; - Act No.
2005-06 of 29th April 2005 against Trafficking in Persons and Related Practices and the Protection of Victims Specifically to the problem of commercial exploitation of children, various initiatives have been developed in the field of sex tourism, notably by ECPAT Luxembourg, in collaboration with national associations. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
Implementation of the ACRWC - Senegal Periodic Report (2011-2017) 29 Furthermore, as part of the fight against cybercrime, the Ministry of Posts and Telecommunications has developed a National Strategy for Child Protection online, as well as a program for the protection of children on the internet backed by a child protection action plan online. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
CONCLUSION The effective fulfilment of the rights of the child requires, besides the legal and institutional framework in line with international norms and standards, concrete measures in terms of relevant policies, programs and resources. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
The Prime Minister elaborated before the National Parliament, on November 11, 2014, on the occasion of his General Policy Statement, on the vision, the strategic orientations and the major projects of the President of the Republic, indicated in the Emerging Senegal Plan (PSE).
The evaluation of the first year of implementation, in early May 2015, confirmed the relevance of the project and the support of all stakeholders, including development partners and the private sector. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
As of June 30, 2015, more than 1,882 billion FCFA were mobilized for the implementation of the PSE.
More than 300 billion are planned in the 2016 budget law, under the financing of PSE projects.
And it is important to underline that PSE projects are funded 58% on internal resources from the 2014-2015 budget.
Commitments and disbursement promises are also monitored. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
Several projects, particularly those related to health, education, agriculture (right to food) and planning and living environment (right to a healthy environment) are directly related to children It is now about consolidating this momentum for an overall and crosscutting care of children and fulfilment of the rights of the child in the Emerging Senegal Plan. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
The Government is firmly committed to continue and to consolidate its efforts to fulfill the rights of the child, in accordance with the provisions of the Charter, international standards and African and national values, in the framework of a close collaboration with the African Committee of Experts on the Rights and Welfare of the Child, in order to build an emerging Senegal worthy of its children. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
It is in this momentum of cooperation necessary for the consolidation of gains in the promotion and protection of the rights of the child, that the Government of Senegal engages, through the transmission of this report, a new high-level constructive dialogue, with the African Committee of Experts for the Rights and Welfare of the Child. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
Implementation of the ACRWC - Senegal Periodic Report (2011-2017) 30 ANNEXES 1) Coordination mechanism of the SNPE Chaired by the Prime Minister, the Committee is made up of the various institutional and social actors and development partners, including the representatives of the ministerial departments, the Child Protection Support Unit, the National Parliament, the Economic, Social and Environmental Council, associations of local elected representatives, the National Children's Parliament, religious organizations, United Nations agencies, the private sector, trade unions. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
The CINPE's mission is to guide public policies in the field of child protection, to ensure the proper coordination of the implementation of the SNPE, to assess the results of the implementation of the action plan Strategy and sectoral plans, including the Acceleration Plan for FGM Abandonment (2010), the National Action Plan to Combat Child Labor (2013), the National Action Plan to Combat trafficking in Persons, especially Children and Women (2014), the Child Abuse Eradication Plan (2014), the Action Plan for the Abandonment of Gender-Based Violence (2016). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
The Secretariat of the Committee is provided by the Minister of Women, Family and Children through the National Executive Secretariat for Child Protection (SENPE). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
The Executive Secretariat is in charge of ensuring the development and monitoring of the action plans of the SNPE, to undertake budgetary advocacy for child protection, to carry out the monitoring and the evaluation of the programs, to submit periodic reports on the state of implementation of the National Child Protection Strategy, programs and sectoral action plans. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
The SENPE relies on four technical commissions which aim to coordinate priority actions requiring the intervention of several structures, to stimulate and guide the work undertaken in this direction.
They play a central role in the coordination mechanism of the SNPE. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
They are the Prevention Commission chaired by the General Directorate of Social Action (DGAS / Ministry of Health and Social Action), the Care and Support Commission chaired by the Directorate of Correctional Education and Social Protection (DESPS / Ministry of Justice), the Promotion, Partnership and Communication Commission chaired by the Directorate of Rights, Protection of the Child and Vulnerable Groups (DDPEGV / Ministry of Women, Family Implementation of the ACRWC - Senegal Periodic Report (2011-2017) 31 and Children) and the Monitoring, Evaluation and Knowledge Management Commission chaired by the Human Rights Directorate (DDH / Ministry of Justice). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
At the departmental level, coordination is provided by the Departmental Committees for Child Protection (CDPE), created by prefectoral orders.
The CDPE is responsible for ensuring the development of the integrated child protection scheme at the local level, fostering information sharing and capacity building for child protection actors, and monitoring and evaluation of the activities of the departmental action plan for child protection. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
With regard to the community level, a process of sharing community experiences has led to the harmonization and validation of a community protection mechanism marked by the creation of local protection committees at the district level (Child Protection Monitoring Committee), commune (Communal Committee of Child Protection), Community (Community Committee of Child Protection) and village (Village Committee of Child Protection). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722004992444.pdf | https://www.acerwc.africa/sites/default/files/2022-09/Senegal%20First%20Periodic%20report%20English.pdf | Senegal |
LAWS OF MALAYSIA Act 611 CHILD ACT 2001 LAWS OF MALAYSIA Act 611 CHILD ACT 2001 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1.
Short title, application and commencement 2.
Interpretation PART II CO-ORDINATING COUNCIL FOR THE PROTECTION OF CHILDREN 3.
Establishment of the Co-ordinating Council for the Protection of Children 4.
Membership of Council 5.
Meeting of Council 6.
Establishment of committees 7.
Establishment of Child Protection Teams PART III APPOINTMENT OF PROTECTOR, ETC.
8. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
8.
Appointment and powers of Protectors 9.
Appointment of Registrar General and Registrar 10.
Appointment of probation officers PART IV COURTS FOR CHILDREN 11.
Constitution and jurisdiction of Court For Children 12.
Place of sitting and persons who may be present in Court For Children 13.
Period specified in any order made by Court For Children not to extend beyond the date child attains the age of eighteen years 4 Laws of Malaysia ACT 611 Section 14.
Court For Children may order detention, etc. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Court For Children may order detention, etc.
to extend beyond the date child attains the age of eighteen years 15.
Restrictions on media reporting and publication 16.
Presumption as to age PART V CHILDREN IN NEED OF CARE AND PROTECTION CHAPTER I GENERAL 17.
Meaning of child in need of care and protection CHAPTER 2 TEMPORARY CUSTODY AND MEDICAL EXAMINATION AND TREATMENT 18.
Taking a child into temporary custody 19.
Production before Court For Children 20. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Production before Court For Children 20.
Child in need of medical examination or treatment 21.
Medical examination and treatment 22.
Authorization of hospitalization 23.
Control over hospitalized children 24.
Authorization of medical treatment 25.
Steps to be taken after medical examination or treatment 26.
No liability incurred for giving authorization 27.
Duty of medical officer or medical practitioner 28.
Duty of member of the family 29.
Duty of child care provider 30. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Duty of child care provider 30.
Powers of Court For Children CHAPTER 3 OFFENCES IN RELATION TO THE HEALTH AND WELEARE OF CHILDREN 31.
Ill-treatment, neglect, abandonment or exposure of children 32.
Children not to be used for begging, etc.
33.
Offence to leave child without reasonable supervision Child 5 CHAPTER 4 NOTIFICATION ON TAKING A CHILD INTO CARE, CUSTODY OR CONTROL Section 34.
Application and interpretation 35.
Notification of taking a child into care, custody or control 36. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Subsequent obligations 37.
Power of Protector to require child to be produced before him PART VI CHILDREN IN NEED OF PROTECTION AND REHABILITATION CHAPTER 1 GENERAL 38.
Meaning of child in need of protection and rehabilitation 39.
Removal of a child to place of refuge 40.
Orders upon completion of an inquiry 41.
Children in urgent need of protection 42.
Inquiries and detention of a child who has been bought or acquired under false pretences, etc.
CHAPTER 2 OFFENCES 43.
Offences 44. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
CHAPTER 2 OFFENCES 43.
Offences 44.
Presumptions relating to section 43 45.
Detention pending proceedings PART VII BEYOND CONTROL 46.
Children beyond control 47.
Supervision by probation officer 6 Laws of Malaysia ACT 611 PART VIII TRAFFICKING IN AND ABDUCTION OF CHILDREN Section 48.
Unlawful transfer of possession, custody or control of child 49.
Importation of child by false pretences 50.
Examination of child and person in charge 51.
Protector may require security 52. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Protector may require security 52.
Offence of taking or sending out a child without appropriate consent of person having lawful custody 53.
Recovery order PART IX INSTITUTIONS CHAPTER 1 PLACES OF SAFETY AND PLACES OF REFUGE 54.
Places of safety 55.
Places of refuge 56.
Child who escapes or is removed from place of safety or place of refuge 57.
Offence of removing or helping a child to escape from place of safety or place of refuge CHAPTER 2 PLACES OF DETENTION 58.
Places of detention 59. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Places of detention 59.
Child who escapes or is removed from place of detention 60.
Offence of removing or helping a child to escape from place of detention CHAPTER 3 PROBATION HOSTELS 61.
Probation hostels 62.
Child under ten years of age not to be sent to probation hostel 63.
Child who escapes or is removed from probation hostel 64.
Offence of removing or helping a child to escape from probation hostel Child 7 CHAPTER 4 APPROVED SCHOOLS Section 65.
Approved schools 66. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Approved schools 66.
Child under ten years of age not to be sent to approved school 67.
When a child can be sent to approved school 68.
Approved school order to be delivered to the authority, etc who conveys child to the school 69.
Further detention in approved school beyond period of order 70.
Aftercare of child released from approved school 71.
Escape from approved school, etc.
or failure to return to approved school after expiry of leave, etc.
72. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
72.
Offence of removing or helping a child to escape from approved school CHAPTER 5 HENRY GURNEY SCHOOLS 73.
Henry Gurney Schools 74.
Child under fourteen years of age not to be sent to Henry Gurney School 75.
When a child can be sent to Henry Gurney School CHAPTER 6 SPECIAL PROVISIONS IN RELATION TO PLACES OF SAFETY, PLACES OF REFUGE, APPROVED SCHOOLS AND HENRY GURNEY SCHOOLS 76.
Power in respect of persons of eighteen years but under twenty-one years of age 77. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Power of Minister-to remove person undergoing imprisonment to Henry Gurney School 78.
Power of Minister to remove child undergoing imprisonment to approved school or Henry Gurney School 79.
Power to substitute term of detention to term of imprisonment 80.
Transfer of child from one place of safety or place of refuge to another place of safety or place of refuge 8 Laws of Malaysia ACT 611 CHAPTER 7 MISCELLANEOUS Section 81.
Child or person detained to be subject to regulations 82. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Board of Visitors PART X CRIMINAL PROCEDURE IN COURT FOR CHILDREN CHAPTER 1 CHARGE, BAIL, ETC.
83.
Trials of children to be in conformity with this Act 84.
Bail 85.
Separation of child from adult in police stations or Courts 86.
Custody of child not discharged on bail after arrest 87.
Submission of information by police officer after arrest CHAPTER 2 TRIALS 88.
Parent or guardian required to attend 89.
Parents or guardian may be required to withdraw 90. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Procedure in Court For Children CHAPTER 3 POWERS OF THE COURT FOR CHILDREN AT THE CONCLUSION OF THE TRIAL 91.
Powers of Court For Children on proof of offence 92.
Manner of executing whipping 93.
Parent or guardian to execute bond 94.
Power to order parent or guardian to pay fine, etc., instead of child 95.
Appeals 96.
Restrictions on order of imprisonment 97.
Death Child 9 CHAPTER 4 PROBATION Section 98.
When probation may be ordered 99.
Failure to comply with probation order 100. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Failure to comply with probation order 100.
Commission of further offence 101.
Effects of probation 102.
Amendment of probation order 103.
Discharge of probation order 104.
Court to give copies of amending or discharging order to probation officer PART XI IN THE CARE OF FIT AND PROPER PERSON 105.
Child placed in the care of fit and proper person 106.
Child who escapes or is removed from the care of fit and proper person 107. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Offence of removing or helping a child to escape from the care of fit and proper person PART XII CONTRIBUTION ORDERS 108.
Contribution by parent or guardian or other person PART XIII INVESTIGATION, ARREST, SEARCH, SEIZURE, ETC.
109.
Power of investigation 110.
Power to arrest without warrant 111.
Search by warrant 112.
Search without warrant 113.
Power to examine person 114.
Inspection 115.
Obstruction 116.
Protection of informers 10 Laws of Malaysia ACT 611 PART XIV MISCELLANEOUS Section 117. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Power of Court For Children conferred on High Court 118.
Register 119.
Contents of Register 120.
Access to Register 121.
Offence in respect of Register 122.
Certificate of Registrar to be evidence 123.
Protection against suit and legal proceedings 124.
Public servant 125.
General penalty 126.
Institution and conduct of prosecution 127.
Service of document 128.
Power to make regulations PART XV SAVINGS AND TRANSITIONAL PROVISIONS 129.
Interpretation 130.
Repeal 131. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Interpretation 130.
Repeal 131.
References to Juvenile Court, etc.
132.
Continuance of Council, etc.
133.
Continuance of rules, etc.
134.
Institutions established or appointed 135.
Prevention of anomalies SCHEDULES 11 LAWS OF MALAYSIA Act 611 CHILD ACT 2001 An Act to consolidate and amend the laws relating to the care, protection and rehabilitation of children and to provide for matters connected therewith and incidental there to. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
RECOGNIZING that the country's vision of a fully developed nation is one where social justice and moral, ethical and spiritual developments are just as important as economic development in creating a civil Malaysian society which is united, progressive, peaceful, caring, just and humane: RECOGNIZING that a child is not only a crucial component of such a society but also the key to its survival, development and prosperity: ACKNOWLEDGING that a child, by reason of his physical, mental and emotional immaturity, is in need of special safeguards, care and assistance, after birth, to enable him to participate in and contribute positively towards the attainment of the ideals of a civil Malaysian society: RECOGNIZING every child is entitled to protection and assistance in all circumstances without regard to distinction of any kind, such as race, colour, sex, language, religion, social origin or physical, mental or emotional disabilities or any other status: ACKNOWLEDGING the family as the fundamental group jn society which provides the natural environment for the growth, support and well-being of all its members, particularly children, so that they rnay develop in an environment of peace, happiness, love and understanding in order to attain the full confidence, dignity and worth of the human person; 12 Laws of Malaysia ACT 611 RECOGNIZING the role and responsibility of the family in society, that they be afforded the necessary assistance to enable them to fully assume their responsibilities as the source of care, support, rehabilitation and development of children in society: NOW, THEREFORE, ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title, application and commencement 1. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) This Act may be cited as the Child Act 2001.
(2) This Act applies throughout Malaysia.
(3) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Interpretation 2. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) In this Act, unless the context otherwise requires— "member of the family" includes a parent or a guardian, or a member of the extended family, who is a household member; "household member" means a person who ordinarily resides in the same household as the child; "probation hostel" means a hostel established or appointed under section 61 as a place of residence for children required to reside there under Part X; "Register" means the Register kept and maintained under section 118; "prescribed" means prescribed by regulations made under section 128; "hospital" means any Government hospital or any teaching hospital of a University; Child 13 "foster parent" means a person, not being a parent or a relative of a child— (a) to whom the care, custody and control of a child has been given by order of a Court under paragraph 30(1 )(e); or (b) permitted by the Protector under section 35 or 37, as the case may be, to receive a child into his care, custody and control; "Child Welfare Committee", in relation to a State, means a Committee appointed by the Minister to oversee the welfare of persons coming within the purview of Part X and to assist the probation officer in any district or area; "grave crime" includes— (a) the offences of murder, culpable homicide not amounting to murder or attempted murder; (b) all offences under the Pirearms (Increased Penalties) Act 1971 [Act 37}; (c) all offences under the Internal Security Act 1960 [Act 82] punishable with imprisonment for life or with death; (d) all offences under the | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
life or with death; (d) all offences under the Dangerous Drugs Act 1952 [Act 234] punishable with imprisonment for more than five years or with death; and (e) all offences under the Kidnapping Act 1961 [Act 365]; "child"— (a) means a person under the age of eighteen years; and (b) in relation to criminal proceedings, means a person who has attained the age of criminal responsibility as prescribed in section 82 of the Penal Code [Act 574]; "probationer" means a child for the time being under supervision by virtue of a probation order; "extended family", | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
virtue of a probation order; "extended family", in relation to a person, means persons related by consanguinity, affinity or adoption to that person; 14 Laws of Malaysia ACT 611 "Director General" means the Director General of Social Welfare; "probation report" means a report prepared by a probation officer under subsection 90(13); "Board of Yisiting Justices" means the Board of Yisiting Justices appointed under section 64 of the Prison Act 1995 [Act 537]; "Board of Visitors" means the Board of Visitors appointed by the Minister under section 82; "Court" means the Court For Children or any other Court, as the case may require; "Court For Children" means the Court For Children constituted under section 11; "Magistrate's Court" means a Court of a Magistrate of the Pirst Class; "Supervising Court" means the Court For Children for the district or area in which a probationer is required to reside; "Magistrate" means a Magistrate of the First Class; "Council" means the Co-ordinating Council for the Protection of Children established under section 3; "Minister" means the Minister or Ministers for the time being charged with the responsibility for the matter or matters in connection with which the reference to the "Minister" is made, acting individually or jointly or in consultation, as the case may require; "Child Protection Team" means a team established by the Council under section 7; "probation officer" means a probation officer appointed under section 10; "senior police officer" has the same meaning as in the Police Act 1967 [Act 344]; Child 15 "Social Welfare Officer" means any Social Welfare Officer in the Ministry or Department responsible for welfare services and includes any Assistant Social Welfare Officer; "medical officer" means a registered medical practitioner in the service of the Government and includes a registered medical practitioner in any teaching hospital of a University; "police officer" has the same meaning as in the Police Act 1967; "prostitution" means the act of a person offering that | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
means the act of a person offering that person's body for sexual gratification for hire whether in money or in kind; and "prostitute" shall be construed accordingly; "Protector" means— (a) the Director General; (b) the Deputy Director General; (c) a Divisional Director of Social Welfare, Department of Social Welfare; (d) the State Director of Social Welfare of each of the States; (e) any Social Welfare Officer appointed under section 8; "owner"— (a) in relation to any place— (i) means the registered proprietor of the place; (ii) the lessee, including a sublessee, of the place whether registered or otherwise; or (iii) the agent or trustee of any of the persons described in subparagraphs (i) and (ii); and (b) in relation to any conveyance, means the registered owner of the conveyance; "Registrar" means the Registrar of Children in Need of Protection appointed under subsection 9(2) and includes the Registrar General; "Registrar General" means the Registrar General of Children in Need of Protection appointed under subsection 9(1); 16 Laws of Malaysia ACT 611 "registered medical practitioner" means a medical practitioner registered under the Medical Act 1971 [Act 50]; "conveyance" includes an aircraft, a ship, a boat or a vessel whether afloat or not, and any vehicle; "child care provider" means a person who looks after one or more children for yaluable consideration for any period of time; "occupier"— (a) means a person in occupation or control of any place; and (b) in relation to places different parts of which are occupied by different persons, means the respective person in occupation or control of each part; "guardian", in relation to a child, includes any person who, in the opinion of the Court For Children having cognizance of any case in relation to the child or in which the child is concerned, has for the time being the charge of or control over the child; "probation order" means a probation order made under section 98; "Henry Gurney School order" means an order made by a Court For Children sending a child | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
made by a Court For Children sending a child aged fourteen years or above to a Henry Gurney School; "approved school order" means an order made by a Court For Children sending a child to an approved school; "contribution order" means a contribution order made under section 108; "centre" means a privately-owned shelter or institution approved by the Minister, set up for the care, protection and rehabilitation of children; "brothel" means any place occupied or used by any two or more persons whether at the same time or at different times for the purpose of prostitution; Child 17 "Henry Gurney School" means a school— (a) established or appointed under section 73; and (b) under the direction and control of the Director General of Prisons and approved by the Minister for the education, training and detention of persons to be sent there in pursuance of Part X; "approved school" means a school established or appointed under section 65 and includes a centre; "place" includes any building, house, office, shop, flat, room or cubicle or part thereof, any open or enclosed space, and any conveyance; "place of assignation" means any place where communication is established with any child either directly or through intermediary for purposes of prostitution; "place of refuge" means any place of refuge established or appointed under section 55; "place of safety" means any place of safety established or appointed under section 54; "place of detention"— (a) means any place of detention established or appointed under section 58; and (b) includes accommodation in a police station, police cell or lock-up, separate or apart from adult offenders; "probation period" means the period for which a probationer is placed under supervision by a probation order; "Deputy Director General" means the Deputy Director General of Social Welfare. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) In this Act, unless the context otherwise requires, the Federal Territory of Kuala Lumpur and the Pederal Territory of Labuan shall each be regarded as a State.
18 Laws of Malaysia ACT 611 PART II CO-ORDINATING COUNCIL FOR THE PROTECTION OF CHILDREN Establishment of the Co-ordinating Council for the Protection of Children 3.
(1) There shall be established a Council which shall be known as the "Co-ordinating Council for the Protection of Children". | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) The Council shall— (a) be responsible for advising the Minister on all aspects of child protection; (b) design an efficient and effective management system throughout Malaysia incorporating information channels for reporting cases of children in need of protection; (c) recommend services that are specifically oriented to meet the needs of persons, children and families in need of child protection services; (d) co-ordinate the various resources of any Government Department which is involved with child protection; (e) develop programmes to educate the public in the prevention of child abuse and neglect; (f) advise on the management, operation and practice of Child Protection Teams throughout Malaysia; (g) advise on the development of training programmes for members of Child Protection Teams throughout Malaysia; (h) resolve any conflict that may arise within Child Protection Teams; and (i) perform such other functions as may be prescribed by regulations made under this Act. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) The Council shall consist of the following members: (a) the Director General who shall be the Chairman; (b) the Deputy Director General who shall be the Deputy Chairman; Child 19 (c) a representative from the Ministry responsible for child protection; (d) a representative from the Ministry responsible for health; (e) a representative from the Ministry responsible for education; (f) a representative from the Ministry responsible for human resources; (g) a representative from the Ministry responsible for information; (h) a representative of the Attorney General; (i) a representative of the Inspector General of Police; (j) a representative from the Prison Department; (k) two representatives from the Department of Social Welfare; (l) a representative from the ministry, in the State of Sabah, charged with the responsibility for welfare services; (m) a representative from the ministry, in the State of Sarawak, charged with the responsibility for welfare services; (n) not more than seven persons with appropriate experience, knowledge and expertise on matters relating to the welfare and development of children including any person qualified to advise on relevant indigenous, ethnic, cultural or religious factors, to be appointed by the Minister; and (o) a Registrar who shall be the Secretary. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) Each member of the Council appointed und r paragraph (l)(m) shall, unless he sooner resigns, hold office for a period not exceeding three years and is eligible for reappointment.
Meeting of Council 5.
(1) The Council shall meet at least four times in a year at such time and place as the Chairman may determine! | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) Every meeting of the Council shall be presided over— (a) by the Chairman; (b) in the absence of the Chairman, by the Deputy Chairman; or 20 Laws of Malaysia ACT 611 (c) in the absence of the Chairman and Deputy Chairman, by a member elected by the members present from amongst themselves.
(3) Seven members of the Council shall form a quorum at any meeting of the Council. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(4) If on any question to be determined there is an equality of votes, the Chairman, or the Deputy Chairman or the member referred to in paragraph (2)(c) if he is presiding over the meeting, shall have a casting vote in addition to his deliberative vote.
(5) Subject to this Act, the Council may detentine its own procedure.
Establishment of committees 6.
(1) The Council may establish such committees as it deems necessary or expedient to assist it in the performance of its functions under this Act. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) A committee established under subsection (1)— (a) shall be chaired by a member of the Council; (b) shall conform to and act in accordance with any direction given to it by the Council; and (c) may determine its own procedure.
(3) Members of the committees established under subsection (1) may be appointed from amongst members of the Council or such other persons as the Council thinks fit. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(4) A member of a committee shall hold office for such term as may be specified in his letter of appointment and is eligible for reappointment.
(5) The Council may revoke the appointment of any member of a committee without assigning any reason therefor.
(6) A member of a committee may, at any time, resign by giving notice in writing to the chairman of the committee.
(7) The Council may, at any time, discontinue or alter the constitution of a committee. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Child 21 (8) A committee shall hold its meetings at such times and places as the chairman of the committee may determine.
(9) A committee may iiwite any person to attend a meeting of the committee for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting.
Establishment of Child Protection Teams 7. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Establishment of Child Protection Teams 7.
(1) The Council shall establish throughout Malaysia groups of persons, each group to be known as a "Child Protection Team", for the purpose of co-ordinating locally-based services to families and children if children are or are suspected of being in need of protection. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) A Child Protection Team shall consist of the following members: (a) a Protector to be named by the Council on the advice of the Director General, who shall be the chairman; (b) a medical officer; and (c) a senior police officer. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(3) A Child Protection Team shall have the authority to co- opt from time to time such other persons as it may reasonably require to assist it in the performance of its functions and duties or as the circumstances of each case may require, including any person qualified to advise on relevant indigenous, ethnic, cultural or religious factors.
PART III APPOINTMENT OF PROTECTOR, ETC.
Appointment and powers of Protectors 8. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Appointment and powers of Protectors 8.
(1) The Minister may, by notification in the Gazette, appoint such number of Social Welfare Officers to exercise the powers and perform the duties of a Protector under this Act subject to such conditions as may be specified in the notification. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
22 Laws of Malaysia ACT 611 (2) A Protector— (a) shall have the power of a Magistrate in respect of the taking of evidence at any inquiry held by him under this Act; (b) shall furnish to the Court a copy of the notes of such evidence when called upon to do so by order of the Court; and (c) shall not be compellable in any judicial proceedings to answer any question as to the grounds of his decision or belief— (i) in any case dealt with by him under this Act; or (ii) as to anything which came to his knowledge in any inquiry made by him as Protector. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(3) Every order or summons purporting to be issued by and under the hand and seal of the Protector in pursuance of this Act shall be received in evidence in any Court without further proof and shall be prima facie evidence of the facts stated in such order or summons.
(4) All acts done in pursuance of any order or summons referred to in subsection (3) shall be deemed to have been authorized by law.
Appointment of Registrar General and Registrar 9. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Appointment of Registrar General and Registrar 9.
(1) The Minister may appoint a Social Welfare Officer to be the Registrar General of Children in Need of Protection for the purposes of this Act.
(2) The Minister may appoint such number of public officers as he deems necessary by name or by office to be Registrars of Children in Need of Protection. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(3) The Registrar General shall have the general supervision and control of— (a) Registrars appointed under subsection (2); and (b) the registration of children in need of protection under this Act.
Child 23 Appointment of probation officers 10.
(1) The Minister may, by notification in the Gazette, appoint such number of Social Welfare Officers as he deems necessary to be probation officers throughout Malaysia or any part of Malaysia. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) A probation officer when acting under a probation order shall be subject to the control of the Supervising Court.
(3) In this section, "Social Welfare Officers" includes Social Welfare Assistants.
PART IV COURTS FOR CHILDREN Constitution and jurisdiction of Court For Children 11. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) Courts constituted in accordance with this Act and sitting for the purpose of— (a) hearing, determining or disposing of any charge against a child; or (b) exercising any other jurisdiction conferred or to be conferred on Courts For Children by or under this Act or by any other written law, shall be known as the "Courts For Children". | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) A Court For Children shall consist of a Magistrate who, in the exercise of his functions as a Court For Children except when making an order under subsection 39(4), 42(4), 84(3) or 86(1), as the case may require, shall be assisted by two advisers to be appointed by the Minister from a panel of persons resident in the State.
(3) One of the two advisers mentioned in subsection (2) shall be a woman. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(4) The functions of the advisers are— (a) to inform and advise the Court For Children with respect to any consideration affecting the order made upon a finding of guilt or other related treatment of any child brought before it; and 24 Laws of Malaysia ACT 611 (b) if necessary, to advise the parent or guardian of the child.
(5) A Court For Children shall have jurisdiction to try all offences except offences punishable with death. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(6) Except as modified or extended by this Part, the Criminal Procedure Code [Act 593] shall apply to Courts For Children as if Courts For Children were Magistrates' Courts.
Place of sitting and persons who may be present in Court For Children 12.
(1) A Court For Children shall, if practicable, sit— (a) either in a different building or room from that in which sittings of Courts other than Courts For Children are held; or (b) on different days from those on which sittings of those other Courts are held. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) If a Court For Children sits in the same building as other Courts, the Court For Children shall have a different entrance and exit from those of the other Courts to enable children to be brought to and from the Court For Children with privacy. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(3) No person shall be present at any sitting of a Court For Children except — (a) members and officers of the Court; (b) the children who are parties to the case before the Court, their parents, guardians, advocates and witnesses, and other persons directly concerned in that case; and (c) such other responsible persons as may be determined by the Court.
Period specified in any order made by Court For Children not to extend beyond the date child attains the age of eighteen years 13. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
Except as specified in this Act, any period specified in any order made by a Court For Children under this Act shall not extend beyond the date on which the child to whom the order relates attains the age of eighteen years.
Child 25 Court For Children may order detention, etc.
to extend beyond the date child attains the age of eighteen years 14. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) Notwithstanding anything in this Act or any written law or any rule of law, a Court For Children may, if the Court finds that circumstances warrant it, make an order relating to— (a) the detention of a child in a place of detention, probation hostel, approved school or Henry Gurney School, approved institution or centre; (b) the supervision of a child by a Social Welfare Officer or probation officer, as the case may be; or (c) any probation period, which has the effect of extending the period of such detention, supervision or probation beyond the date on which the child attains the age of eighteen years. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(2) The order referred to in subsection (1) shall be complied with by the child and all parties to whom the order relates so long as the order remains in force and have effect.
Restrictions on media reporting and publication 15. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
(1) Notwithstanding any written law to the contrary, any mass media report regarding— (a) any step taken against a child concerned or purportedly concerned in any criminal act or omission, be it at the pre-trial, trial or post-trial stage; (b) any child in respect of whom custody is taken under Part V; (c) any child in respect of whom any of the offences specified in the First Schedule has been or is suspected to have been committed; or (d) any proceedings under Part VI, shall not reveal the name, address or educational institution, or include any particulars calculated to lead to the identification of any child so concerned either as being the person against or in respect of whom action is taken or as being a witness to the action. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |
26 Laws of Malaysia ACT 611 (2) A picture of— (a) any child concerned in any of the matters mentioned in subsection (1); or (b) any other person, place or thing which may lead to the identification of any child so concerned, shall not be published in any newspaper or magazine or transmitted through any electronic medium. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_1/1721911533353.pdf | https://jknperak.moh.gov.my/htapah/index.php/my/media-htapah/muat-turun/category/10-akta-berkaitan?download=62:child-act-2001-act-611 | Malaysia |