Malaysia
demographic_data
31.45 million
Total Population
World Bank 2019
29%
Population Under 18
Department of Statistics Malaysia 2019
4.6
People
Mean Household Size
IPUMS 2000
13.2%
Prevalence of Female-Headed Households
HIS/BA 2014
33.1%
Prevalence of Child-Headed Households
HIS/BA2014
Upper Middle-Income Country
World Bank GNI Status
World Bank 2019
5.6%
Living Below Poverty Line
World Bank 2018
41.1
GINI Coefficient
World Bank 2015
0.81
Human Development Index
HDI 2020
18.2%
Children Living Below Poverty Line
HIS/BA 2014
Children Engaged in Child Labor
NO DATA AVAILABLE
Nik Ahmad, Marhanum, Ashgar & Azizah 2016
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The study consulted a total of 454 working children in four states in Malaysia and found that more than half (63%) of the children had been emotionally abused and around 10% had been sexually abused in the workplace.
Children with Disabilities
196,846
Children
Department of Social Welfare 2019
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16,477: Visually & hearing impaired
166,535: Physical & learning disabilities
2,018: Speech & mental
11,816: Others
UNICEF SitAn (2020) however, indicated that based on current population estimates aged 0 - 14 years, this equates to a population of around 440,000 children with disabilities in Malaysia (five per cent of 9,000,000). In a separate UNICEF study, 73.5% of respondents thought children with disabilities should be institutionalised.
Financial assistance is also provided for students with disabilities at local higher learning institutions on a full time or part time basis, including long distance programmes. The students receive up to RM5,000 per year or RM20,000 for the whole duration of studies. In addition, DSW also provides assistive devices to children with disabilities through the Financial Assistance for Artificial Aids and Assistive Devices scheme.
In order to enable early intervention, MOH carries out growth and developmental assessment for early detection of disabilities among children aged 0 - 6 years at 2,881 health clinics and community clinics as of 2018. As of December 2018, there were 3,194 physiotherapists and 2,772 occupational therapists to provide early intervention and rehabilitative services for children with special needs. In 2018, there were 3,338 CBR trained workers (supervisors and workers) to undertake rehabilitation programmes at the CBR centres, make home visits and facilitate parental involvement.
12%
Left Behind Children (Migration)
UNICEF 2020
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Out of 3,477,000
Ethnic Minority Children
NO DATA AVAILABLE
UNICEF SitAN 2020
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International Work Group for Indigenous Affairs (IWGIA), Indigenous World 2019 - estimated indigenous persons represented 13.8% of the country’s population (2017). The indigenous peoples of Peninsular Malaysia, known as Orang Asli, live predominantly in rural areas and represent around 0.7% of the population of Peninsular Malaysia. The indigenous peoples of Sarawak (Dayak and/or Orang Ulu) comprise 70.5% of the population and the 39 different indigenous groups of Sabah (Anak Negeri) make up 58.6% of the population there.
Remain as one of the groups of children that do not enjoy the benefits of these gains, who are being left behind their peers, and who are rendered invisible or marginalised through lack of legal status or the application of discriminatory laws, exclusion from data collection systems, social stigmatisation and by virtue of policy vacuums, which all impact on their ability to access essential services and realise their rights.
Children Affected by HIV (10 - 19 yrs old)
2,500
Children
UNAIDS 2019
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Children orphaned by AIDS will be placed by Department of Social Welfare in FBC or care institutions for care and protection.
Children Affected by HIV (0 - 14 yrs old)
500
Children
UNAIDS 2019
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Children orphaned by AIDS will be placed by Department of Social Welfare in FBC or care institutions for care and protection.
Children Experiencing Violence
6,274
Children
Department of Social Welfare 2019
Children in Conflict with the Law
6,813
Children
Ministry of Home Affairs 2019
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18 years of age who have been arrested by the police due to an alleged conflict with the law. Of which, 1,325 found guilty of an offence by a court and have been sentenced to detention. In addition, 4,665 are under probation order (Department of Social Welfare, 2019).
Children on the Move (Asylum-seekers)
8,907
Children
UNHCR Global Trends 2020
Children on the Move (Refugees)
36,926
Children
UNHCR Global Trends 2020
Stateless/Undocumented Children
290,000
Children
UNICEF SitAn 2020
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In 2016, the former home minister of Malaysia, Ahmad Zahid Hamidi estimated that there are around 290,000 stateless children in the country. According to a paper titled, ‘Protecting the Children’s Right to Nationality in Malaysia: An Appraisal’, published by the Human Resource Management Academic Research Society (HRMARS), there are several factors leading to the creation of stateless children in Malaysia – failure of marriage registration by their parents, unregistered births, adopted or abandoned children, and children of refugees and undocumented migrants.
6%
Child Marriage
UNICEF 2018, End of Childhood Index Rankings 2019
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Aged 15-19 (girls). Data refer to the most recent year available during the period 2005-2012. Though SUHAKAM Annual report 2018 indicated, 15,000 marriages involving children over the past decade, with Muslim girls allowed to marry before age of 16 with permission from a Syariah court judge.
Substance Abuse
2,556
Children
National Anti-drugs Agency (NADA) 2020
i
Age 13 -18. Community-based programmes are also available where children are put under supervision and treated as outpatient clients. In 2018, 130 children (below 18 years) have benefitted from the Cure & Care Clinics, whereas 1,132 children have benefitted from community-based programmes as outpatient clients. In 2018, MOH also introduced One Stop Centres for Addiction in designated clinics to provide a holistic and integrated treatment for alcohol and substance abuse (KPWKM, 2nd to 5th Periodic Reports 2008-2018).
Sexual Abuse
22,134
Children
UNICEF SitAn 2020
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MWCFD shared between 2010 and May 2017, 22,134 children were reported to be sexually abused, while 13,272 children were reported to have been raped. The data also reported 6,014 cases of children being sexually molested and 796 cases of incest.
Children in Need of Care and Protection
6,382
Children
Department of Social Welfare 2019
UASC Detained in Immigration Depots
1,819
Children
Ministry of Home Affairs 2019
0 Families/Parents
0 Children
NO SOURCE GIVEN
0 Families/Parents
0 Children
NO SOURCE GIVEN
Total Family-Based Alternative Care
- - Families/Parents
- - Children
NO SOURCE GIVEN
Foster Care
- - Foster Families/Foster Parents
591 Children
i
Formal/regulated foster care by government; known as Anak Pelihara.
The Court for Children may place a child in custody of a foster parent for 2 years or until the child reaches 18 years old (whichever is shorter) if the child has no parent or guardian or has been abandoned.
KPWKM Second to Fifth Periodic Report 2008-2018 indicated provision provided for children separated due to their parents being detained or imprisoned upon conviction of criminal or drug offences, the DSW also provides financial assistance to the foster family at RM250 per child. DSW will monitor the progress and needs of the child and family from time to time. No other provisions in any statute which provide for the procedure or regulations pertaining to foster care system in Malaysia.
Department of Social Welfare 2019
Formal Kinship Care
- - Families/Parents
- - Children
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According to Child Act No. 611, 2001 - A Protector may place the child in the custody of a relative until the child reaches 18 years old or for any shorter period (Sections 35, 37).
NO SOURCE GIVEN
Foster Care (UASC)
- - Families/Parents
30 Children
i
Supported to live independently in group homes, or with foster families of the same ethnic and linguistic background. Foster families are identified via referrals from community networks, pre-vetted by SUKA Society and given a small amount of financial support as well as comprehensive case management support. Case managers work to ensure that each UASC is able to access fundamental services and supports him or her towards achieving case resolution
Save the Children 2017
Total Residential Care
- - Settings
50,000 Children
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An estimated 13,700 children are living in orphanages and institutions in the country, according to government statistics. This number does not take into account those living in unregistered institutions. The number of these institutions may exceed 1,000, potentially housing 50,000 children.
Malaysia Kini 2019
Larger Institutions
- - Settings
1,510 Children
i
15 state-run residential care; known as Rumah Kanak-Kanak
Department of Social Welfare 2021
Small Group Homes
- - Settings
148 Children
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9 state-run residential care; known as Rumah Tunas Harapan
Department of Social Welfare 2019
Number of Children in Conflict with the Law
- - Settings
979 Children
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State-run residential care; known as i) Asrama Akhlak for children in rehabilitation to children involved in crime (probation order) and uncontrolled (beyond parental control); ii) Rumah Tunas Bakti for children involved in crimes; iii) Taman Seri Puteri for children protection and rehabilitation to children who are exposed to moral danger.
Department of Social Welfare 2019
adoption
NO DATA AVAIABLE
Country
NO SOURCE GIVEN
6,682
children
Domestic Adoption
Ministry of Home Affairs 2019
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*separate regulation for East Malaysia: The registration of adoption in Sabah is governed by the Adoption Ordinance 1960 (Sabah No.23 of 1960), Sabah Syariah Court Enactment 2004 and the Rules of the Sabah Syariah Court (Adoption Practices and Procedures) 2006 whereas in Sarawak is governed by the Adoption Ordinance 1958 (Sarawak Cap.91). 1,799 Application for Registration of Adoption through the National Registration Department of Malaysia (JPN) and Application for Legal Adoption through the Court by State, 2019.
-1
children
Inter-country Adoption
NO SOURCE GIVEN
i
Inter-country adoption is not permitted under the Adoption Act of 1952 (revised January, 2013).
NO DATA AVAIABLE
Effective
NO SOURCE GIVEN
Country
NO SOURCE GIVEN
Effective
NO SOURCE GIVEN
RM
79.67 million
Social Welfare Spending
Department of Social Welfare 2019
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In 2016, UNICEF’s proposal “Develop an Integrated Planning, Budgeting, Monitoring and Reporting Model for Child-focused Outcomes in Malaysia” was approved by Malaysia and launched. Following a series of consultations, a Technical Working Group was convened in 2016 consisting of all participating line ministries and stakeholders. However, Malaysia has yet to establish a systematic assessment of the impact of budgetary allocations on the implementation of the rights of the child. (KPWKM, 2nd to 5th Periodic Reports 2008-2018)
Alternative Care Policy in Line with the 2009 Guidelines
Limited
UNICEF Malaysia 2018
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Guidance on preferences for out-of-home care, which might be seen as best practice, and regulations for protectors to impose conditions on non-parental carers and to appoint a ‘fit and proper person’ is contained in the new regulations, but awaiting training to enable implementation.
Lack of understanding on the terminologies of Alternative Care with variation i.e. malay translation what constitute family based care. Many defined (and limit the option or interchangebale terming it as to foster care), https://ejournal.ukm.my/ebangi/article/view/26956
Commitment to Deinstitutionalistion
Partly
KPWKM, Second to Fifth Periodic Report 2008-2018
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Act 611 in 2016 including provisions which stipulate that it is desirable to place a child in an FBC to allow for the care of a child in a family environment. The law acknowledges that the family is the “fundamental group in society which provides the natural environment for the growth, support and well-being of all its members, particularly children” and they should “be afforded the necessary assistance to enable them to fully assume their responsibilities”. However, there appears to be no specific provisions addressing how this assistance is to be given to families in the Act.
Collaboration between OrphanCare and Lumos Foundation 2015-2019; several conferences & workshop to promote/advocate for deinstititionalization and Strategic Review (case study of state of Seremban, Negeri Sembilan) 2018.
Implementation of Preservation Family-Based (FBC) cited in the Social Welfare Department (JKM) Strategic Plan 2021-2025.
Comprehensive Child Protection Law
Partly
UNICEF SitAn 2020
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Reports suggest the child protection system and provision of child protection services in Malaysia, particularly at the secondary and tertiary level are inconsistent and do not reach all areas. Further, though the DSW was reported to have issued guidance on the delivery of child protection services in 2017, a 2018 UNICEF study found that many child protectors (i.e. members of the social welfare workforce) had not received training in this guidance. Also study found that no guidance was provided in relation to the best interests of the child, or listening to the child during child protection and related proceedings.
Malaysia ratified the UNCRC in 1995. The child protection system that was established by the Child Act (2001) as amended (2016) echo key principles of the Convention. Child Act in 2001, which consolidated three previous laws affecting the main groups of children at risk: the Child Protection Act 1991 (for the protection of children in need of protection and care); the Juvenile Courts Act 1947 (for the protection of children in conflict with the law), and the Women and Girls Protection Act 1973 (for the protection of girls and women exposed to ‘moral harm’)
Continuum of Alternative Care Services Available
Limited
UNICEF SitAn 2020
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Implementation of Preservation Family-Based (FBC) cited in the DSW Strategic Plan 2021-2025.
Diversion programmes for children in conflict with law - piloted in 3 districts in Dec 2019. Focus on counselling, rehabilitation and community service modules which are monitored by the Department of Social Welfare (DSW). The Taskforce on Diversion was initially set up by MWFCD to develop in 2016.
Data System
No
MJF 2018
Existence of a Regulatory Body and Regulatory System
No
MJF 2018
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Registration process for alternative care service provision is not integrated alongside with the other Acts in protecting children in care.
Different govt agencies keeping track of registration of registered institutions; 33,000 institutions are registered with the JKM of which only 3,000 of those institutions are welfare related. Of which many were reported to be caring for children under the age of 5 years old. Does not include faith-based care facilities, report mentions that there are have been 900 new private Islamic schools across the whole of Malaysia over the past six years.
In a separate Lumos publication, Ending the Institutionalization of children in Malaysia (2014), it was quoted that there were 90 registered privately-run institutions housing 4,500 children.
Gatekeeping Mechanism/Policy
No
MJF 2018
i
Notably, there was no mention on any initiatives in promoting family preservation or strengthening in preventing admissions of children into institutions. Nor any discussion or weight given toward family reunification efforts of the children already in the care centres.
Means of Tracking Progress with Reforms
No
NO SOURCE GIVEN
Moratorium on Admission into Institutions for Children Under 3
No
MJF 2018
Moratorium on New Institutions
No
MJF 2018
National Action Plan to Guide Reforms
Limited
UNICEF SitAn 2020
i
Child Act 2001 was amended in 2016 to require the Court to take ‘into consideration that it is desirable to place a child in a family-based care’, though guidance on the application of this is not available.
National Standards of Care
No
NO SOURCE GIVEN
i
Often read with with Child Care Centre Act 1984 Amendment – Act 1285/2007 for child care centres. Amendments are more for administrative purposes than for the assertion of quality child care as they include the increase in categories of child care centres – from two to four (which are home-, workplace-, community- and institution-based child care centres); the licence to operate a child care centre which is to be issued for 60 calendar months instead of 12; and the display of the licence in a conspicuous place in the premise (Chiam, 2008)
Prevention of Separation Services Available
Limited
MJF 2018
Support for Careleavers (in Legislation and in Practice)
No
MJF 2018
social_work_force
Workers
NO SOURCE GIVEN
Country
Workers
NO SOURCE GIVEN
Effective
A national workforce assessment and analysis carried out within the past four years
No
GSSWA 2019
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The number of staff and training appears not to be appropriate and available at all levels, nor is it considered to reflect the ethnic composition of the population. There are no clear steps planned towards professionalisation of social work.
A system of licensing/registration of social service professionals
No
KPWKM 2nd to 5th Periodic Reports 2008 - 2018, UNICEF Malaysia to the UN Special Rapporteur on Extreme Poverty
Human Rights 2019
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As of 2018, specific legislation on Social Work Profession: to accord professional status to social workers and regulate the social work profession being reviewed. Deputy Prime Minister Datuk Seri Dr Wan Azizah Wan Ismail intended to table a new Bill i.e through introducing the Social Workers Profession Act in 2019 prior to the change of the current government.
Malaysian Administrative Modernisation and Management Planning Unit reported that there is 1 social worker : 8,756 Malaysians.
The total number of social welfare officers with undergraduate university qualifications is estimated by MASW to be only 700, with an additional 4,300 assistant social welfare officers holding diploma level qualifications
key_stakeholders
Key Stakeholders
Add New DataCountry
Government
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Primary government body concerned with social care and welfare. Matters concerning children, family, the elderly, homeless persons, disaster victims, disabled persons, women and the community as a whole fall under the purview of MWFCD. The Ministry is also responsible for determining policies that pertain to gender equality and family development. Policies proposed and/or implemented by KPWKM are to reflect the country’s commitment to meeting the standards set out by the United Nations’ Convention on the Elimination of All Forms of Discrimination against Women, as well the Beijing Declaration.
The structure of the department is further organized into operational and strategic actors in the social care/welfare system. While the Minister and Deputy Ministers remain in command of the Ministry, a Secretary General is also appointed to run a series of specialized units, including the Legal Advisory Unit. Like the Minister of the Department, the Secretary General is assisted by two Deputy Secretary Generals. One Deputy Secretary General is responsible for operations, such as running the Development and Finance Divisions. The secondary Deputy Secretary General is responsible for strategic developments, including management of the Policy and Strategic Planning Division, the International Relations Division and the Strategic Collaboration Division.
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Tasked with creating and maintaining a society in which families and children are nurtured and provided with care. Generally, DSW is the agency responsible for overseeing and distributing financial assistance/social welfareThe Department was originally established in 1946, but it was only placed under MWFCD in 2004. Services such as counselling, welfare and rehabilitation are provided by DSW (and affiliated organizations, agencies, etc.). These services are to be used primarily by DSW’s previously established list of target groups, which include children, senior citizens, destitute persons, families, persons with disabilities and victims of natural disasters. DSW has also administered a number of crucial laws that directly pertain to the aforementioned target groups. Sources state that the Department is directly linked to the creation and implementation of the following laws: The Destitute Persons Act (1997), the Child Care Centre Act (1984), the Care Centres Act (1993), the Domestic Violence Act (1994), the Director General Social Welfare Act (1948), the Child Act (2001) and the Persons with Disabilities Act (2008).
National Council for Children
i
Set within the MWFCD,, of which two membership positions are set aside for children, though it is not clear if provisions are in place to ensure equitable representation and makeup of children so that the participation is inclusive and representative of diverse groups in Malaysia.
Children’s Representative Council of Malaysia
i
DSW established the Council in December 2011. Consists of 30 children aged 13 to 17 years old and a network of Child Representatives at state and district levels who reach out to children in need and identify problems and solutions to create a better environment for children in Malaysia
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An integrated and comprehensive multiagency service established in all Emergency and Trauma Departments (ETD) of the Ministry Of Health for the management of survivors of domestic violence, sexual assault, child abuse and neglect. The survivors are seen at the center where all agencies converge to manage them.
Suspected Child Abuse and Neglect Team (SCAN)
i
Suspected Child Abuse and Neglect (SCAN) service is centralised, multidisciplinary team management in the government hospital and serve as a supportive service or programme to children, families and hospital staff.
Royal Malaysia Police D3 – Anti-Human Trafficking / Migrants Smuggling Prevention Division D11 – Sexual / Domestic Violence / Child Abuse Investigation Division
i
Special branches under the Criminal Investigation Department (CID)
Child Care Needs and Child Protection Unit (CCNCPU)
Pasukan Kebajikan Kanak-Kanak (PKKK) / Child Welfare Team
i
Established by the National Council for Children to coordinate local services to families and children if the child needs or is suspected of needing protection and rehabilitation or the child is found guilty of any offence.PKKK will assist and provide support services to children who are faced with violations of the law or are at risk of being involved in a crime. They will provide advice to children and families to address the true causes of children involved in crime.
Made up not more than 7 members with the same background and instead of a medical officer is substituted by an education officer. Appointments of the both team members is by the Mentri Besar (i.e. First Minister; head of government of the nine states) and Ketua Menteri (Chief Minister; for states without a monarch).
Pasukan Pelindungan Kanak-Kanak (PPKK) / Child Protection Team
i
The function of a child protection team is similar to that of a family monitoring service. Child protection teams in Malaysia assist families and children by means of connecting a family and/or child that is deemed to be in need of support with locally based services. PPKK are to be established in all states and federal territories to serve as a support system of child protection services. Main activities is the Children’s Activity Centre (PAKK) which “have been planned and implemented according to the needs of the local community. Other programme/services include daycare centers, tuition classes, counseling services, computer classes and childcare and development courses.
Comprise of a “Protector,” practitioners with appropriate experience, knowledge & expertise in child care and protection, a medical officer, and a senior police officer.
There are 132 PPKK and 149 PAKK across Malaysia in 2016.
National Council for Children
i
Established as stipulated in the Children (Amendment) Act 2016 [Act 1511] under section 3. However, no details available on role / activities.
Malaysian Social Institute (Institut Sosial Malaysia – ISM)
i
Acts as a training centre for both officers and staff members of KPWKM agencies. However, training services offered by ISM are not limited to the use of KPWKM members, the Institute also offers training and social education services/seminars/workshops to all social workers (including social workers from foreign countries who are affiliated with INGOs in Malaysia). Sources also state that the ISM is the main facilitator when it comes to Government implementation of Malaysia’s National Social Policy.
Civil Society Organisations
i
Act 597 mandates SUHAKAM, among others, to inquire into complaints regarding infringements of human rights referred to in section 12 of the Act, including complaints from children. The mechanisms under SUHAKAM are accessible to children, whereby SUHAKAM provides its services nationwide, including in Sabah and Sarawak. Complaints are received via walk-ins, phone calls, e-mail and an online complaints system. As part of its monitoring routine, SUHAKAM regularly conducts visits to prisons, detention centres and police lock-ups to monitor persons in detention, as well as the personnel in charge of these centres. . SUHAKAM has a mandate to monitor detention centres but lacks the funding to undertake regular and comprehensive monitoring and reportedly is unable to undertake unannounced inspections
SUHAKAM is also mandated to inquire into allegations of infringement of human rights within the military. For the 2016-2019 term, SUHAKAM is headed by a Chairman and assisted by seven Commissioners. In 2018, Malaysia has also initiated efforts towards the appointment of a Children’s Commissioner, within the existing structure of SUHAKAM.
Child Rights Coalition Malaysia
i
An affiliation of various Malaysian NGOs that promote children's rights in Malaysia and to support the implementation of the UN Committee on the Rights of the Child 1989. Made up of several working groups in submission of reports reports to the UNCRC. *active advocacy group in pushing care reforms.
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A 24-hour crisis and drop-in centre providing meals, activities, therapy, case management, and educational programmes for at-risk children and teenagers around Chow Kit, Kuala Lumpur. Including other services Kuala Lumpur Krash Pad (KLKP) caters to teenagers aged 13 to 18 years old, providing a safe space for teens to engage meaningfully and productively with their peers. And CK Safehoue full-time shelter for higher risk children, inclusive of infants, at an undisclosed location.
Hosted the 1st Alternative Care of Children workshop for both government and civil societies in 2018 in partnership with UNHCR & UNICEF.
i
Close partner of UNICEF; run several initiatives with main objectives ending violence against children, creating child-friendly cities and encourage child participation.
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Incorporated in 1993 as a non-governmental and not-for-profit organisation dedicated to promoting quality early child care and education through training of child-based services. MCRI supports the UN Convention on the Rights of the Child (CRC) in all aspects of our work. The CRC is the most widely ratified international human rights treaty. It is the only human rights treaty to include civil, political, economic, social and cultural rights for children.
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SUKA Society works to protect and preserve the best interests of marginalized and vulnerable children in Malaysia. Projects include protecting trafficked survivors, education for indigenous children, community/foster-care placement of Afghan refugees children and advocating alternative to detention for UASC.
Notably, SUKA Society actively creates resources that are free to use by government agencies, non-governmental organisations, community based organisations and the general public - Children Opinion Series, Foster Care Manual & Handbook and Community Placement & Case Management Manual.
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Focuses solely on the prevention, intervention and treatment of Child Sexual Abuse - advocating and establishing effective prevention education for both adults and children, strengthening treatment and support services, while forging synergistic partnerships within communities. Services and programmes guided by 4 pillars - education, treatment, case management and advocacy.
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SUARAM defends all aspects of human rights, especially: the right to trial, freedom from abuse of police powers and law enforcement agencies; freedom of expression and information; freedom of assembly and association; freedom of religion; the rights of minorities, refugees, asylum seekers, migrants and trafficked persons; and democracy.
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Focus on building a strong and self-reliant rural community through poverty alleviation and people’s empowerment initiatives. Initiated numerous programs with the communities, especially women and youths in rural areas, to support greater self-sufficiency and economic sustainability. Over the years, apart from addressing social needs and self-reliance of rural communities DHRRA Malaysia has also included to contribute towards larger goal of poverty eradication within the nation among vulnerable persons.
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Work in Malaysia is based in Kuala Lumpur and works with refugee and local host communities to protection refugee children and unaccompanied minors from harm.
PERMATA Kurnia
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Early intervention centre for children with autism was established in Sentul, Kuala Lumpur in 2015. The centre provides a high quality early intervention and education to children with autism to prepare them for mainstream schools. As of 2018, 854 children have benefitted from the centre
Effective
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As part of phase one of the development of the Martin James Foundation's Asia Care Network, comprehensive studies of the care system in each country were conducted to highlight the need for developing alternative care systems across South-East Asia. This case study highlights relevant data from Malaysia.