THE Women, Family and Community Development Ministry says the procedures and conditions in applying for citizenship for children born abroad to Malaysian women married to foreigners must be the same as those born abroad to non-Malaysians married to Malaysian men.

Minister Rina Mohd Harun said this is in line with the principle of gender equality contained in Article 8 of the Federal Constitution, which states that all persons are equal before the law and entitled to equal protection under the law.

“The Women, Family and Community Development Ministry assures that immediate action will be taken to ensure that these basic principles are translated into procedures,” she said in a statement today on the issue of citizenship of children born abroad.

She said discussions will be held with the Home Ministry to find the best solution to ensure children’s rights are protected and guaranteed legal and administrative equality.

As for the long-term solution, Rina suggested that amendments be made to the Second Schedule of the Federal Constitution in relation to Article 14 so that the citizenship rights of Malaysian daughters or sons are equitable.

The High Court on September 9 ruled on the automatic granting of citizenship rights to children born abroad to mothers who are Malaysians married to foreigners.

High Court judge Akhtar Tahir, who made the decision in his judgment, said the word “father” in the Second Schedule of the Federal Constitution must mean and include the mother.

However, on Monday, it was reported that Attorney-General Idrus Harun said the government has filed a notice of appeal to set aside the decision.

In this regard, Rina said her ministry has held discussion with the Children’s Commissioner for the Human Rights Commission and civil society groups to get input so that the government can make appropriate decisions without neglecting the rights of Malaysian women married to foreigners.

She said the Convention on the Rights of the Child also outlined several matters related to the issue, including Article 2 on the right not to be discriminated against, Article 7 on the right to obtain citizenship and Article 8 on the right to retain the identity of children, including citizenship.

She added that under the Convention on the Elimination of All Forms of Discrimination Against Women, Article 9(2) touches on the issue of acquiring citizenship for children born to Malaysian women married to foreigners. – Bernama, September 15, 2021.