Suhakam children commissioner Prof Datuk Noor Aziah Mohd Awal said the High Court’s decision has clearly paved the way for a brighter and fair future for all children born to a Malaysian parent married to a non-Malaysian, irrespective of gender- Malay Mail file photo
KUCHING (Sept 13): Human Rights Commission of Malaysia (Suhakam) children’s commissioner Prof Datuk Noor Aziah Mohd Awal has applauded the Kuala Lumpur High Court’s decision Sept 9 that Malaysian mothers have the right to confer citizenship to their children born overseas on an equal basis with Malaysian men.
The Court found that Article 14(1)(b) of the Federal Constitution together with the Second Schedule, Part II, Section 1(b), pertaining to citizenship rights, must be read in harmony with Article 8(2) of the Federal Constitution, which prohibits discrimination based on gender, and thus, the meaning of ‘father’ in that Section 1(b) also read to mean ‘mother’.
Noor Aziah said the Office of the Children’s Commissioner (OCC) has been closely monitoring the case by conducting watching brief since the case was filed in the year 2020, as there were several related child rights principles, such as the right not to be discriminated, pursuant to Article 2 of the Convention on the Rights of the Child (CRC); right to acquire a nationality as provided in Article 7 of the CRC; and right to preserve his or her identity, including nationality under Article 8 of the CRC.
She added that It is also in the best interest of children as provided under Article 3 of the CRC, that children who were born abroad by a Malaysian mother should be granted Malaysian citizenship regardless of the father’s nationality.
She said the fact is uncertainties related to the legal status of a child born overseas to a Malaysian mother married to a foreigner leads to immediate and long-term effects throughout his or her life.
“Among challenges faced by these children and their mothers include denial of birth registration due to the absence of a foreign parent (who may not be in the country); and/or denial or difficulties in renewing, extending, or applying for visa(s).
“The absence of either may cause a child to be vulnerable, which eradicates all the rights the child deserves similar to other Malaysian children, especially access to public education and healthcare,” she explained.
Noor Aziah said the High Court’s landmark decision has a very important implication to the progress of the rights of children and sets a precedent that upholds the principles of equality aligned with the international conventions to which Malaysia is a signatory, as well as the principles laid down in the Federal Constitution of Malaysia.
“The decision has clearly paved the way for a brighter and fair future for all children born to a Malaysian parent married to a non-Malaysian, irrespective of gender,” she said.