Malaysian Court Upholds Women’s Equal Nationality Rights: GCENR Statement

The Global Campaign for Equal Nationality Rights today celebrates the decision by Kuala Lumpur’s High Court to side with the plaintiffs, GCENR coalition member Family Frontiers and six affected mothers, in affirming Malaysian women’s right to confer nationality on their children born abroad on an equal basis with Malaysian men. We send our heartfelt congratulations to Family Frontiers and the affected mothers who bravely and tirelessly led this fight for women’s equal rights and a more just Malaysia. The Court’s ruling was based on its finding that Constitutional articles pertaining to nationality rights must be read in harmony with Article 8(2) of the Malaysian Constitution, which prohibits gender-based discrimination. Though Malaysian women have the right to confer nationality on children born inside the country, they have been denied the right to confer nationality on children born abroad, a right reserved for Malaysian men. This made Malaysia one of only twenty-five countries to deny women’s right to confer nationality on their children on an equal basis with men. Affected families have faced family separation and obstacles to accessing residency, education, healthcare, and social services. Some children have been rendered stateless – having no nationality at all – all because of gender discrimination in the law. We urge the government of Malaysia to refrain from appealing this ruling and instead champion Malaysian women’s equal citizenship and their equal nationality rights. The Global Campaign for Equal Nationality Rights stands with Family Frontiers as it continues its fight to achieve a gender-equal nationality law in Malaysia. We urge civil society, governments, and intergovernmental institutions to join us in working for a world where women and men’s equal citizenship is reflected in all nationality laws. Today is one step closer to justice and equality.

“Malaysian women have been waiting for years, and the day has finally arrived. Justice has been served.” – Adlyn, Malaysian mother and plaintiff

“We are so thankful for this outcome. This is a huge relief for affected mothers because this judgment applies not just to the mothers directly involved in the case as plaintiffs, but to all Malaysian mothers who are similarly affected. This judgement recognises Malaysian women’s equality, and marks one step forward to a more egalitarian and just Malaysia.” – Suri Kempe, President of Family Frontiers.

“This is an important day in the fight for gender equality and we are overjoyed for the affected mothers, our coalition member Family Frontiers, and all citizens of Malaysia. This decision only increases the momentum for equal nationality laws around the world. We believe other governments will be encouraged by this decision to enact these needed reforms and urge them to do so.” – Catherine Harrington, Campaign Manager of Global Campaign for Equal Nationality Rights

Full Statement by Family Frontiers:

The Association of Family Support & Welfare Selangor & KL (Family Frontiers) celebrates the momentous decision by the Kuala Lumpur High Court affirming the right of Malaysian mothers to confer citizenship by operation of law on their children born abroad on an equal basis with Malaysian men.

The Court ruled that Article 14(1)(b) of the Federal Constitution together with the Second Schedule, Part II, Section 1(b) of the FC, pertaining to citizenship rights, must be read in harmony with Article 8(2) of the Federal Constitution, which prohibits discrimination on the basis of gender. High Court judge Dato’ Akhtar bin Tahir announced that the word ‘father’ must therefore be read to include mothers and that their children are entitled to citizenship by operation of law.

The High Court judge emphasised that the Courts are empowered to interpret the law to uphold the spirit of the Federal Constitution and ensure justice. He added that the case does not seek to change policy but rather to apply existing law in a way that will find a remedy for the grievance of the plaintiffs. “The grievances of the plaintiffs are real…the discrimination is apparent,” he said while reading out his decision.

Senior Counsel Dato’ Dr Gurdial Singh Nijar stated that “the court’s decision fulfils the intention of Parliament when they amended the law (Article 8) in 2001 to guarantee that there will be no discrimination against women and it also preserves the family structure so that children born overseas to Malaysian mothers are citizens by operation of law.” The legal team also included Abraham Au and Joshua Andran.

“We are so thankful for this outcome. This is a huge relief for affected mothers because this judgment applies not just to the mothers directly involved in the case as plaintiffs, but to all Malaysian mothers who are similarly affected. This judgement recognises Malaysian women’s equality, and marks one step forward to a more egalitarian and just Malaysia,” said Suri Kempe, President of Family Frontiers.

“Malaysian women have been waiting for years, and the day has finally arrived. Justice has been served,” said Adlyn, a Malaysian mother and plaintiff in the case.

Myra, another plaintiff in the case said, “We have been applying for my daughter’s citizenship since she was 5 months old. We thank God for the court’s decision today. I am so happy and I cannot wait to tell her that she is also Malaysian, just like her brother.”

Malaysian mothers have faced family separation, along with obstacles to accessing residency, education, healthcare, and social services for their children. Today’s ruling is a monumental step in the direction of gender equality.