Protection of Best Interest: A Study on Children Working in the Entertainment Industry in Malaysia and Their Right to Education

Abstract

In Malaysia, there is no law prohibiting children from working in the entertainment industry. Malaysia only provides general law on the employment of children and young persons in the entertainment industry. There are possibilities that children in the entertainment business will endure neglect and exploitation. Their working environment may expose them to possible harms, physically as well as psychologically. Like other children, child performers must have adequate access to education. However, their right to education is affected since the nature of their work impedes them from attending school at times. This study discussed the effects of working in the entertainment industry towards children, especially on hard access to education. The relevant laws in the Malaysian legal framework was be construed. The recent amendment to The Children and Young Persons (Employment) Act 1966; known as The Children and Young Persons (Employment) (Amendment) Act 2019 which came into force on 1st February 2019 would be discussed. Under Article 3 of the United Nations Convention on the Rights of the Child 1989 (CRC), which emphasises the protection of the best interest of children all over the world; this study recommends a proper guideline to be implied upon the players in the entertainment industry. This guideline will be a part of the child protection policy, drafted specifically for children working in the entertainment industry. This study shows that law, policy, and legal enforcement are needed to fully protect children from risks and harm, including their right to education.