Challenging Discriminatory Rules, Malaysian Mothers Win

Jakarta, CNN Indonesia —

‘Emak-emak‘or the mothers Malaysia won a lawsuit that was considered discriminatory for women who gave birth abroad.

This rule states that a Malaysian woman who marries a foreigner and gives birth to a child abroad cannot inherit Malaysian citizenship to her child.

The efforts of these mothers paid off. The Kuala Lumpur High Court ruled in favor of a lawsuit filed by six Malaysian mothers who argued the regulation violated the constitution.

“This judgment recognizes the equality of Malaysian women, and marks a step forward towards a more egalitarian and just Malaysia,” said the president of the NGO Family Frontiers, Suri Kempe, who helped bring the case to justice.

He also said that this ruling applies to all Malaysian mothers, not just the plaintiff in this case.

The mother’s lawyer, Gurdial Singh Nijar, also praised the court’s move as an important decision. He also considered this rule had disrupted the family structure.

However, to date, the Malaysian government has not responded.

The plaintiffs consider that this regulation has made it difficult for Malaysian women and their children. This rule makes it difficult for the children of Malaysian women born abroad to access public services such as free education and health services.

Although Malaysian women can apply for Malaysian citizenship for their children, it is difficult to obtain consent. According to Family Frontiers, the Malaysian Ministry of Home Affairs received more than 4,000 applications from 2013 to 2018, but only 142 were approved.

Previously, the Malaysian government tried to block this lawsuit, under the pretext of rules that apply in accordance with the constitution. However, the plaintiffs argued that this rule violated gender equality in the law.

The petitioners filed suit under Article 14(1)(b) and Sections 1(b) and 1(c) of Malaysia’s Second Schedule of the Constitution since last year. The Malaysian government also claims that the citizenship of a child born outside Malaysia can only be passed down by the father, while the mother cannot, according to FMT.

(pwn / bac)

[Gambas:Video CNN]

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