Amend Constitution to protect women’s rights

IT was only in September last year that Aliran welcomed a High Court decision that children born overseas to Malaysian mothers with foreign spouses would be eligible for Malaysian citizenship.

Prior to that landmark High Court decision, only children born overseas to Malaysian fathers with foreign spouses were entitled to citizenship.

The proponents and supporters of this court decision had fought hard to challenge the clear discrimination against women.

The High Court judge ruled that Article 8(2) of the Constitution on equality prohibits discrimination based on gender and so the word “father” in the Second Schedule, Part II, Section 1(b) should also include mothers, and their children are entitled to citizenship by operation of the law as well.

But the joy was short-lived. The Court of Appeal, in a majority decision on Aug 5, overturned the High Court decision.

Of course, this would not have happened if the government had accepted the wisdom of the High Court decision and heeded the appeal of many concerned citizens and civil society groups, including Family Frontiers, not to appeal the High Court decision.

But what’s done is done. We must duly respect and honour the court process and await a final appeal to the Federal Court to review the decision of the Court of Appeal.

Legal arguments aside – over the majority decision made by two of the three Court of Appeal judges that the word “father” in the Federal Constitution under the Second Schedule, Part II, Section 1(b) cannot extend to mothers – it is important we move away from simply looking at the letter of the law towards appreciating the importance of recognising gender equality and not discriminating against women.

In this particular instance, Aliran echoes the calls of several parties who have urged members of the Malaysian Parliament to right a wrong by amending the relevant section of the Constitution to remove any ambiguity and misinterpretation so that Malaysian mothers will have the same rights as Malaysian fathers.

This move will certainly be consistent with the Malaysian Family concept that the government has been championing.

ALIRAN EXECUTIVE COMMITTEE

Formed in 1977, Aliran is a multi-ethnic reform movement dedicated to social justice. The Association of Family Support & Welfare Selangor & KL – Family Frontiers – is the umbrella body for the Foreign Spouses Support Group that advocates for the rights of foreign spouses married to Malaysian citizens.