THE Malaysian Bar is concerned by events in recent weeks that have brought to the fore toxic behaviours and attitudes regarding sexual harassment that may exist in education institutions.
In particular, the claims made by student Ain Husniza Saiful Nizam that a male teacher joked about rape in class, and allegations of period spot checks conducted on female students, as reported in the media.
School administrators, teachers and staff (referred to collectively as “caregivers”) have fundamental duties and responsibilities to ensure the well-being, welfare and safety of the children under their care during school hours. There may be other cases that have not been reported due to children’s fear of repercussion – including the anguish that they might not be believed – and this prevents them from coming forward with their complaints.
Caregivers are responsible for preventing and remedying any incident of unlawful interference in the rights of children (UIRC) under their care. There needs to be more constructive and urgent actions taken to tackle incidents of UIRC in schools and institutions.
Schools ought to be a safe haven for students, and must refrain from making comments that can be construed as “victim-blaming”, which suggest that the victim, rather than the perpetrator, should bear responsibility for mistreatment. A zero-tolerance policy towards bullying and harassment in schools, whether by caregivers or students, is essential to curb UIRC.
Malaysia became a signatory to the United Nations Convention on the Rights of the Child in 1995. Article 3 states that in all actions concerning children, the best interests of the child shall be a primary consideration. State parties must also ensure the child receives protection and care as is necessary for his or her well-being. Caregivers are responsible for ameliorating concerns faced by their students, and must take steps to address issues by providing an inclusive and understanding environment for the students to thrive in.
The Malaysian Bar urges the Education Ministry to implement comprehensive and structural reforms to ensure that caregivers are sufficiently trained to deal with children. Disciplinary actions should be swiftly meted out to rogue caregivers, to ensure children are safe and treated with the respect that they rightly deserve.
The Malaysian Bar stands ready to assist and provide any input to enable this objective to be realised. – The Vibes, May 12, 2021
A.G. Kalidas is president of the Malaysian Bar
