ALL human beings are entitled to basic human rights without discrimination of any kind. This includes the right to nationality, which should not be based on gender or legitimacy of birth.
To deprive a child of his right to nationality based on the non-marital status of his parents, which he has no control of, is a denial of a basic right, and one that cannot be in the best interest of the child – which should be the paramount consideration of any nation and her courts.
Hence, Proham applauds the dissenting judgment of the three Federal Court judges, delivered on May 28, 2021, in respect of a 10-year-old boy born to a Malaysian father and Filipino mother who were not married at the time of the child’s birth.
As the federal constitution is an evolving instrument, Proham urges the judiciary to take on a more liberal stance when interpreting the constitution to ensure basic human rights are accorded to its citizens and their offspring, in particular Article 8 of the federal constitution, which provides that all persons are equal before the law and are entitled to equal protection of the law.
Adherence to a literal interpretation of the constitution, which denies basic human rights to a child, should be avoided at all costs as it is not beneficial to any parties concerned.
Therefore, Proham calls on the government to take immediate steps to amend the constitution to reflect the dissenting judgment of the Federal Court. Instead of a literal approach; a purposive, prismatic, and moral interpretation should be adopted that expands the horizons of human rights and human dignity, recognises the equal rights of both parents, and protects the basic rights of innocent children. – The Vibes, May 31, 2021
Proham is an independent and impartial human rights organisation established by former Suhakam and Royal Police Commission commissioners
