Hak Kanak-Kanak di bawah Undang-Undang Negara Brunei Darussalam dan Perbandingannya dengan United Nations Convention on the Rights of the Child (UNCRC) Artikel 14, 20 dan 21

Abstract

Brunei Darussalam ratified The United Nations Convention on the Rights of the Child 1989 (UNCRC) on 27 December 1995 and has placed reservations on Articles 14, 20 and 21. UNCRC is an international human rights treaty under the United Nations (UN) relating to the rights of the child which includes welfare and protection from every aspect of life. Although reservations were allowed, some member states had recommended the country to withdraw the reservations during its Universal Periodic Review (UPR), a process involving a review of the human rights records of all UN member states. Subsequently, on 10 August 2015, Brunei Darussalam withdrew parts of the reservations on the articles, namely Article 20 paragraph (1), (2) and Article 21 sub paragraph (a); retaining Articles 14, 20 (3) and 21 (b) to (e). The reserved articles maintained involve matters relating to the rights to freedom of religion and the adoption of children, with specific provisions that are inconsistent with Hukum Syara’, the Constitution and the Laws of Brunei Darussalam. Nevertheless, Brunei Darussalam was still receptive to recommendations to withdraw reservations on the articles as a sign of the country's commitment to international conventions. Therefore, this study aims to make a comparison between the rights of the child under the Laws of Brunei Darussalam with the UNCRC, examine the articles that have been reserved to analyse the justification in placing reservations, and assess the extent to which the Laws of Brunei Darussalam are in line with the UNCRC. For that purpose, the researcher applied qualitative research methods using primary and secondary data. This method involves a process of descriptive study, interpretation, and explanation of the relevant laws. The study found that there are provisions under the Laws of Brunei Darussalam that are both consistent and in conflict with the UNCRC, especially with respect to the articles that have been reserved. Reservations on articles that are contrary to the provisions of the Laws of Brunei Darussalam should be maintained in order to protect the principles of Islamic teachings as well as to uphold national sovereignty. This study also provides exposure and encourages greater awareness and understanding of the rights of the child in the Laws of Brunei Darussalam and international conventions.