Suhakam expresses concern over court ruling on non-marital children’s citizenship


KUALA LUMPUR: The Human Rights Commission of Malaysia (Suhakam)  expresses concern regarding a Court of Appeal ruling denying automatic citizenship to children born out of wedlock to Malaysian fathers and foreign mothers.

Suhakam stated the judicial ruling underscored ongoing gaps in Malaysia's citizenship framework. The commission warned the decision risks leaving affected children facing statelessness and legal uncertainty.

The group noted Article 7 of the UN Convention on the Rights of the Child recognises every child's right to acquire a nationality. It cited UN committee observations from February urging Malaysia to strengthen laws against childhood statelessness.

"Every child has the right to acquire a nationality. No child should be disadvantaged or denied access to nationality because of the marital status of their parents or circumstances beyond their control," Suhakam said in a statement on Saturday (July 25).

Suhakam acknowledged recent constitutional amendments allowing Malaysian mothers to confer citizenship on children born overseas. However, the commission called for further legal reforms to eliminate administrative barriers.

Pending broader legislative updates, Suhakam urged the government to utilise Article 15A provisions. The commission said executive discretion should grant citizenship in special circumstances to protect children's best interests.

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