United Nations, Department of Economic and Social Affairs, Population Division (2024). World Population Prospects 2024, Online Edition. Estimates 2024.
(1) Establish a system to regularly collect, analyse and publish statistical data on the number of complaints of all forms of gender-based violence against women, disaggregated by sex, age, ethnicity, geographic location and relationship between the victim and the perpetrator, on the number and type of protection orders issued, on the rates of dismissal and withdrawal of complaints, on prosecution and conviction and on the amount of time taken for the disposal of cases; (2) Criminalize marital rape in national legislation, defining such rape on the basis of the lack of freely given consent of the woman; (3) Ensure that victims of intimate partner violence have access to protection orders and compensation on an equal footing with married women; (4) Take effective measures to ensure that perpetrators of rape, including those who rape women with an object or commit incestuous rape, are effectively punished and that they do not evade criminal sanctions by marrying their victims; (5) Harmonize Syariah law with section 289 of the Criminal Procedure Code to prohibit the whipping of women as a form of punishment; (6) Adopt concrete measures to combat gender-based violence against women and girls, including the provision of mandatory, recurrent and effective capacity-building, education and training for members of the judiciary, lawyers and law enforcement officials and educational campaigns targeting men and boys.
(1) Prohibit all forms of female genital mutilation in its criminal code, ensuring that the prohibition cannot be overruled by any fatwas or other rulings issued by religious or clerical authorities, as well as in practice, in accordance with joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2014) on harmful practices, target 5.3 of the Sustainable Development Goals and General Assembly resolution 69/150 on intensifying global efforts for the elimination of female genital mutilations; (2) Engage in a constructive dialogue with religious authorities, women's non-governmental organizations and the public to convey the point that female genital mutilation cannot be justified by religion; (3) Undertake awareness-raising and educational activities aimed at promoting consensus towards the elimination of female genital mutilation, in particular by addressing the misconception that female circumcision is acceptable owing to its presumed medical and hygienic benefits.
(1) Provide safeguards against violations of women's human rights in all family and marriage matters by enabling State courts or administrative bodies to review all decisions and provisions of the Syariah law system, including actions taken by Islamic authorities, in accordance with the Federal Court judgment of 29 January 2018 in the Indira Gandhi case, as well as the Committee's general recommendation No. 33 and general recommendation No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution; (2) Ensure that Muslim women have equal rights in all family and marriage matters, including equal capacity as men to enter into marriage and to divorce, and that they enjoy equal rights with regard to the maintenance, custody and guardianship of their children and inheritance; (3) Prohibit the unilateral religious conversion of children to Islam by a father who converts to Islam; (4) Discourage and prohibit polygamy in accordance with the Committee's general recommendation No. 21 (1994) on equality in marriage and family relations and general recommendation No. 29 and the joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child; (5) Raise the minimum age of marriage to 18 for women and men for both civil and Muslim marriages and require the full consent of women for any marriage; (6) Fully guarantee the right to freedom of religion or belief, which includes the right of individuals to convert from Islam to another religion or belief, and ensure that religious interpretations do not perpetuate gender inequality by taking appropriate measures, as recommended in the reports of the Special Rapporteur on freedom of religion or belief.
(1) Establish a formal procedure that is applied uniformly throughout the State party to promptly identify victims of trafficking and refer them to appropriate services for protection, including the conduct of an assessment of their need for international protection, and systematically train all relevant law enforcement officials on gender-sensitive procedures for interacting with victims of trafficking; (2) Ensure that victims of trafficking are not punished for violations of immigration laws and that they obtain effective protection, such as temporary residence permits, irrespective of their ability or willingness to cooperate with law enforcement authorities, and redress, including rehabilitation and compensation; (3) Combat impunity by investigating all cases of trafficking in persons, especially women and girls, including cases involving law enforcement officials, prosecuting perpetrators and ensuring that the sentences imposed on perpetrators are commensurate with the gravity of the crime; (4) Allocate adequate resources for the effective and sustainable implementation of existing services and assistance offered to victims of trafficking, and remove all bureaucratic barriers to guarantee in practice their right to freedom of movement and their right to work; (5) Reinforce international, regional and bilateral cooperation with countries of origin, transit and destination to prevent trafficking, including by exchanging information and harmonizing legal procedures for prosecuting traffickers with countries of origin, transit and destination, in particular with countries in the region.
Malaysia’s Constitution does not include provisions on violence against women and girls. However, it includes prohibitions of discrimination on the basis of gender.
There is no standalone law on violence against women and girls in the country. It is addressed through various laws:
-
Penal code, Act 574, criminalizes rape and sexual assault and harassment.
-
The Domestic Violence Act 521.