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Comparative Analysis of International and Malaysian Legal Frameworks On The Treatment On Uncontrollable Children: Is There Any Inconsistency?

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dc.contributor.authorMohamad Kamal Sodiqin Abdull Manafen_US
dc.date.accessioned2024-05-30T02:13:42Z
dc.date.available2024-05-30T02:13:42Z
dc.date.issued2023
dc.descriptionMalaysian Journal of Syariah and Law ol. 11, No.1, Page (1-13)en_US
dc.description.abstractThe issue of uncontrollable children is no longer peculiar in the present days. Uncontrollable children can be found in almost every country across the globe. Although this issue is no longer novel, uncontrollable children are being defined and treated differently in different jurisdictions. On this note, numerous international legal instruments have been adopted to protect the welfare of all children which include the protection of the uncontrollable children. This article aims to comparatively analyse the available provisions extracted from international legal instruments that form part of the international legal framework on uncontrollable children with the Malaysian legal framework regarding uncontrollable children. This is done to determine the consistency between the former and the latter legal frameworks. The preliminary finding from this article is that the legal framework on uncontrollable children in the Child Act 2001 has substantially incorporated proper treatment which is required by the international legal framework and is consistent with the international legal framework. This can be seen in particular following the disintegration of the treatment on uncontrollable children and juvenile offenders as well as the prioritisation of family-based care subsequent to the 2016 amendment of the Child Act 2001. This development to carry out reform process is commendable in the aspect of children’s rights and is consistent with the aspiration of the international legal framework in preserving the best interest of the child which includes uncontrollable children. In reaching this finding, content analysis was carried out pertaining to the provisions of the international and Malaysian legal frameworks on the treatment of uncontrollable children which suggests that the Malaysian government has been taking some significant efforts to incorporate the international standards within its domestic law.en_US
dc.identifier.citationAbdull Manaf, M. K. S. (2023). COMPARATIVE ANALYSIS OF INTERNATIONAL AND MALAYSIAN LEGAL FRAMEWORKS ON THE TREATMENT ON UNCONTROLLABLE CHILDREN: IS THERE ANY INCONSISTENCY?. Malaysian Journal of Syariah and Law, 11(1), 1-13. https://doi.org/10.33102/mjsl.vol11no1.346en_US
dc.identifier.doi10.33102/mjsl.vol11no1.346
dc.identifier.epage13
dc.identifier.issn2590-4396
dc.identifier.issue1
dc.identifier.spage1
dc.identifier.urihttps://mjsl.usim.edu.my/index.php/jurnalmjsl/article/view/346/256
dc.identifier.urihttps://oarep.usim.edu.my/handle/123456789/15629
dc.identifier.volume11
dc.language.isoen_USen_US
dc.publisherUSIM Pressen_US
dc.relation.ispartofMalaysian Journal of Syariah and Lawen_US
dc.subjectdelinquency, Child Act 2001, uncontrollable children, international legal frameworken_US
dc.titleComparative Analysis of International and Malaysian Legal Frameworks On The Treatment On Uncontrollable Children: Is There Any Inconsistency?en_US
dc.typeArticleen_US
dspace.entity.typePublication

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