KUALA LUMPUR – The landmark court ruling allowing children born overseas to Malaysian mothers to become citizens will move the country forward in terms of equality, said the All Women’s Action Society (Awam).
In a statement to The Vibes, the group said the judgment accords recognition to gender equality with regard to citizenship rights.
“The landmark ruling is so crucial in giving long-overdue recognition to gender equality in the most fundamental right of conferring citizenship. It is also a monumental step towards a more egalitarian Malaysia.”
Today, Kuala Lumpur High Court judge Datuk Akhtar Tahir ruled that Malaysian mothers have the right to confer citizenship on their children born overseas on an equal basis as Malaysian men.
The court interpreted the word “father” in Part II, Section 1(b) of the federal constitution to include mothers, to comply with Article 8 that prohibits gender discrimination.
Awam said the use of this interpretive approach may be key to revamping Malaysia’s labour laws.
“Under Section 24, Act 265 of the Employment Act 1955, employers cannot require female employees to undertake industrial or agricultural work between 10pm and 5am.
“Section 35 of the same act also prohibits women from doing underground work.
“These specific sections (though meant to protect women) constitute direct discrimination with regard to women’s employment access, which should be unconstitutional in light of the anti-discrimination provision.” – The Vibes, September 9, 2021
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