Year: 2025
Type: article
Abstract: The Child Act 2001 places a significant role to the Court for Children in managing cases of children beyond parental control, granting the court broad jurisdiction to define "beyond control" behaviours and decide suitable orders.However, previous studies show a tendency for the court to order placement in welfare institutions rather than exploring alternatives, which raises concerns about punitive approaches, stigmatisation and disruption of family ties.This raises questions about the court's capability to rehabilitate children's misbehaviour.Additionally, the rising practice of restorative justice, the abolition of similar laws in some countries, and the absence of juvenile courts present further challenges to the relevance of Malaysia's Court for Children.Therefore, this study aims to analyse the need for the Court for Children in settling beyond control behaviour by examining the possible challenges faced by the court.Employing qualitative methodology including a comprehensive legislative review and interviews with stakeholders, the findings suggest that while judicial intervention is essential, the government should also consider restorative measures and the potential for legislative abolishment.This research contributes to the ongoing discourse on juvenile justice in Malaysia, offering strategic recommendations to enhance judicial effectiveness and child welfare outcomes.
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4415763903
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