A Socio-Legal Study on Issues and Factors of Child Labour in Malaysia

Abstract

This research paper critically examines the multifaceted issue of child labour, shedding light on its complexities, evaluating existing legal frameworks, and proposing comprehensive solutions. Focusing primarily on Malaysia, the study navigates through international standards, notably the United Nations Convention on the Rights of the Child 1989 (CRC), which unequivocally prohibits economic exploitation and hazardous work for children, emphasizing their holistic development and protection. The analysis encompasses a thorough review of Malaysia’s legislative landscape, including key statutes such as the Children and Young Persons (Employment) Act 1966, Sabah Labour Ordinance (Cap 67), and Sarawak Labour Ordinance (Cap 76). This research highlights the gaps in Malaysian laws, particularly the absence of explicit guidelines on work allowed to be done by children. Furthermore, the research situates child labour within the broader human rights discourse, drawing on international instruments like the International Covenant on Economic, Social, and Cultural Rights (ICESCR) and the 1989 United Nations Convention on the Rights of the Child (CRC). The findings underscore the urgent need for holistic solutions that extend beyond legal reforms, such as refining definitions within existing legislation, aligning Malaysian laws with international standards, enhancing enforcement mechanisms, and incorporating explicit provisions on employer responsibilities. The paper advocates for a nuanced understanding of child labour's interconnectedness with broader rights, emphasizing the importance of a comprehensive approach to eradicating this pervasive issue, which calls for collective action to create a world where every child is afforded the right to a childhood free from exploitation, ensuring their well-being, dignity, and the realization of their full potential.