KUALA LUMPUR: The Human Rights Commission of Malaysia (Suhakam) does not support the government’s proposal to standardise the screening process for marriages involving minors.
Its chairman, Tan Sri Razali Ismail, said this would only perpetuate the practice of child marriage in the country.
“The commission is disappointed that the Women, Family and Community Development Ministry has failed to recognise these serious consequences and has continued to be ineffective in enforcing a minimum age for marriage at 18 despite the shocking number of child marriages in Malaysia,” Razali said.
“We emphasise that child marriage is a complete violation of a child’s human rights.
“The commission maintains that child marriage must be made a crime as underage marriage can be used to justify sex with a child.
“Suhakam would like to highlight that child brides, incapable of consenting to sex, can also be raped in the act of consummation of the marriage.”
Razali said the commission was calling on the ministry to be committed to protecting children’s rights and be consistent with Pakatan Harapan’s (PH) election manifesto to introduce a law that sets 18 as the minimum age for marriage.
It was reported that the Women, Family and Community Development Ministry would look into developing a standardised screening process for marriages involving minors.
Its minister, Datuk Seri Dr Wan Azizah Wan Ismail, said the proposal was aimed at protecting the welfare of minors, while upholding the sanctity of the Syariah Courts, and the Native Courts in East Malaysia.
The deputy prime minister said guidelines would likely include making medical and psychological tests compulsory for children who want to get married.
On freedom of religion, the commission stressed that religious practices were subject to Article 11(5) of the Federal Constitution, whereby any act contrary to any general law relating to public order, public health or morality shall not be authorised.
“This means that with political will, it is possible for child marriages to be criminalised at all levels in the country,” Razali added.