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Conflict of laws on the rights of child under the Child Act with preventive laws

The principal Act governing the handling of the child in conflict with the law is the Child Act 2001 (“CA 2001”) that came into force in August 2002. The CA 2001 consolidated three former Acts: the Juvenile Courts Act 1947; the Child Protection Act 1999; and the Women and Girls' Protection Act...

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Main Authors: Sidhu, Baljit Singh, Kamarudin, Abdul Rani
Format: Article
Language:English
Published: Malaysian Current Law Journal 2020
Subjects:
K Law (General)
Online Access:http://irep.iium.edu.my/82791/7/82791_Conflict%20of%20laws%20on%20the%20rights%20of%20child%20under%20the%20Child%20Act%20with%20preventive%20laws.pdf
http://irep.iium.edu.my/82791/
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spelling my.iium.irep.827912021-03-04T02:43:53Z http://irep.iium.edu.my/82791/ Conflict of laws on the rights of child under the Child Act with preventive laws Sidhu, Baljit Singh Kamarudin, Abdul Rani K Law (General) The principal Act governing the handling of the child in conflict with the law is the Child Act 2001 (“CA 2001”) that came into force in August 2002. The CA 2001 consolidated three former Acts: the Juvenile Courts Act 1947; the Child Protection Act 1999; and the Women and Girls' Protection Act 1973 which also incorporated the Convention on the Rights of Children. The CA 2001 therefore updated and upgraded the rights of children including in matters where they are arrested, investigated or charged with an offence. The question then is whether the CA 2001 provides adequate protection to the child. Further, does the CA 2001 yield to other laws especially preventive laws such as the Dangerous Drugs (Special Preventive Measures) Act 1985 (“DD(SPM)A 1985 and Prevention of Crime Act 1959 (“POCA 1959”)? This Article evaluates not only the weaknesses of the CA 2001 but also how these preventive laws erode the rights of the child under the CA 2001. By getting the whole picture, suggestions can be made on how these laws can be improvised jointly or severally to ensure they work harmoniously or coherently with one another to promote rather than erode the rights of the child. Malaysian Current Law Journal 2020 Article PeerReviewed application/pdf en http://irep.iium.edu.my/82791/7/82791_Conflict%20of%20laws%20on%20the%20rights%20of%20child%20under%20the%20Child%20Act%20with%20preventive%20laws.pdf Sidhu, Baljit Singh and Kamarudin, Abdul Rani (2020) Conflict of laws on the rights of child under the Child Act with preventive laws. Legal Network Series (A), 1 (LNS(A)). pp. 1-28.
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic K Law (General)
spellingShingle K Law (General)
Sidhu, Baljit Singh
Kamarudin, Abdul Rani
Conflict of laws on the rights of child under the Child Act with preventive laws
description The principal Act governing the handling of the child in conflict with the law is the Child Act 2001 (“CA 2001”) that came into force in August 2002. The CA 2001 consolidated three former Acts: the Juvenile Courts Act 1947; the Child Protection Act 1999; and the Women and Girls' Protection Act 1973 which also incorporated the Convention on the Rights of Children. The CA 2001 therefore updated and upgraded the rights of children including in matters where they are arrested, investigated or charged with an offence. The question then is whether the CA 2001 provides adequate protection to the child. Further, does the CA 2001 yield to other laws especially preventive laws such as the Dangerous Drugs (Special Preventive Measures) Act 1985 (“DD(SPM)A 1985 and Prevention of Crime Act 1959 (“POCA 1959”)? This Article evaluates not only the weaknesses of the CA 2001 but also how these preventive laws erode the rights of the child under the CA 2001. By getting the whole picture, suggestions can be made on how these laws can be improvised jointly or severally to ensure they work harmoniously or coherently with one another to promote rather than erode the rights of the child.
format Article
author Sidhu, Baljit Singh
Kamarudin, Abdul Rani
author_facet Sidhu, Baljit Singh
Kamarudin, Abdul Rani
author_sort Sidhu, Baljit Singh
title Conflict of laws on the rights of child under the Child Act with preventive laws
title_short Conflict of laws on the rights of child under the Child Act with preventive laws
title_full Conflict of laws on the rights of child under the Child Act with preventive laws
title_fullStr Conflict of laws on the rights of child under the Child Act with preventive laws
title_full_unstemmed Conflict of laws on the rights of child under the Child Act with preventive laws
title_sort conflict of laws on the rights of child under the child act with preventive laws
publisher Malaysian Current Law Journal
publishDate 2020
url http://irep.iium.edu.my/82791/7/82791_Conflict%20of%20laws%20on%20the%20rights%20of%20child%20under%20the%20Child%20Act%20with%20preventive%20laws.pdf
http://irep.iium.edu.my/82791/
_version_ 1693725783720198144
score 13.211869

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