THE teenager accused of stabbing her own baby to death should be given adequate postpartum and psychological treatment before being prosecuted for the case, said Human Rights Commission of Malaysia (SUHAKAM).
“The Social Welfare Department (SWD) should ensure that both treatments are given appropriately to the girl.
“Plus, she should be given the necessary legal aid, in particular, the right to a legal representative as well as a social welfare officer who would act as her probation officer and protector. The SWD should provide legal aid to her on a pro bono basis,” its children’s commissioner Datuk Prof Noor Aziah Mohd Awal said, in a statement.
On Feb 9, the police said that they have remanded the 15-year-old girl for seven days to facilitate investigations into the death of a newborn baby boy, believed to have been stabbed in Kemaman, Terengganu.
It was also revealed that the teenager was a victim of statutory rape.
Touching on the matter, Noor Aziah reprimanded Deputy Women, Family and Community Development Minister Siti Zailah Mohd Yusoff for casting aspersions over the case.
“We are concerned with the statement issued by the deputy minister via social media, which has been deleted, claiming the girl didn’t suffer from any mental health issues.
“The commission is of the opinion that a comprehensive psychological assessment on the mental health of the girl should be conducted before such statement is issued,” she stressed.
Respect child’s rights
The human rights commissioner reiterated to the public that the teenager was a rape victim, irrespective of consent, as the case falls under Section 375 of the Penal Code for statutory rape.
With that said, Noor Aziah urged the authorities to treat the girl in accordance with Child Act 2001 (Act 611) and the Convention on the Right of the Child (CRC) to which Malaysia is a signatory.
Under the said legislation, the teenager should not be handcuffed, and the parents or guardian must be informed of the child’s whereabouts.
“Under the same Act and the CRC, the child’s identity should be protected and not disclosed. Plus, the child’s right to consult a counsel of his or her choice should be fulfilled.
“And children under detention should not be placed with an adult who has been charged with an offence.” – Feb 13, 2022.
