KUALA LUMPUR – Grievances of Malaysian mothers can only be addressed via a constitutional amendment, not the courts, after the appellate court reversed the decision on equal citizenship.
The Court of Appeal today overturned the Kuala Lumpur High Court’s landmark decision last year, which granted equal citizenship to children born abroad to Malaysian mothers.
Rights group Family Frontiers said in a statement that this setback affects the children’s safety and well-being.
“While many mothers hoped that the Court of Appeal would side with Malaysian women, this setback means that the fight for overseas-born children’s safety and wellbeing goes on.
“The inability to confer citizenship on a child, on the basis of gender, is both disheartening and dehumanising,” it said, with Family Frontiers president Suriani Kempe.
She added that the group will not be deterred by the judgement and will be appealing the decision at the Federal Court.
“We stand firm in the belief that one day our government will see us (Malaysian women) as we see ourselves – as equal citizens and that our children have just as much a right to be Malaysians as the children of Malaysian men.”
The Court of Appeal decision earlier today saw a 2-1 split, dampening the move for equal treatment mounted by affected mothers.
Family Frontiers said that dissenting judge Datuk S. Nantha Balan, who gave the dissenting judgement, viewed that plain and apparent conflict between Article 8(2) and Article 14(1)(b) as well as related provisions of the federal constitution implies that the bloodline of the mother is inferior to that of the father.
“It is illogical, perverse and degrading to the dignity of Malaysian women,” he was quoted as saying.
Calling on the government to comply with international obligations under the UN Conventions on the Rights of the Child (CRC) and the Elimination of All Forms of Discrimination Against Women (Cedaw), it urged the government to correct the disproportionate and ongoing harm against Malaysian women.
Meanwhile, Klang MP Charles Santiago took to Twitter to label the decision as being “regressive” and offered his solidarity to Malaysian women who have not been able to unite their families.
STATEMENT: The ruling essentially says Malaysian mothers don’t have the same rights as Malaysian fathers. This is regressive and takes the country back to the Stone age where women’s rights are concerned.
— Charles Santiago (@mpklang) August 5, 2022
Read the thread ? https://t.co/oLxn4i3Og4
“It is a dark day for justice in Malaysia… we should be deeply ashamed of ourselves today.
“This judgement doesn’t just undermine women’s equal citizenship rights but (it) also has adverse consequences on their kid’s rights to education, healthcare, freedom of movement and inheritance,” he said.
The DAP lawmaker added that if Malaysia wants to achieve gender equality and meet sustainable development goals, it must scrap away such laws that increase the vulnerability of family units.
Last September 9, the high court ruled that Malaysian mothers have the right to confer citizenship on their overseas-born children, on an equal basis with Malaysian men.
The court ruled that Article 14(1)(b) of the constitution, together with the Second Schedule, Part II, Section 1(b) pertaining to citizenship rights, must be read in harmony with Article 8(2), which prohibits discrimination on the basis of gender.
Judge Datuk Akhtar Tahir said the word “father” must be read to include mothers, and that their children are entitled to citizenship by operation of law.
“The grievances of the plaintiffs are real… the discrimination is apparent.”
Malaysia is one of 25 countries that do not give mothers and fathers equal rights when it comes to passing on citizenship to their children. The constitution grants Malaysian fathers the automatic right to confer citizenship on their overseas-born children, but not Malaysian mothers. – The Vibes, August 5, 2022
