Putrajaya told to honour pledge to recognise children born overseas to Malaysian women as citizens


Home Minister Hamzah Zainudin is urged to keep his word that the government will amend the constutition amendment to ‘facilitate citizenship by operation of law for overseas-born children of Malaysian women’. – The Malaysian Insight file pic, July 29, 2022.

FAMILY Frontiers Malaysia – a group that advocates the rights of foreign spouses in Malaysia today urged Putrajaya to honour its promise to amend the constitution to grant citizenship to  children born overseas to Malaysian women.

The group demanded that Putrajaya provide an update on the plan to introduce the amendment in this parliamentary session.

The group said reminded Home Minister Hamzah Zainudin that he had on September 22 last year declared in parliament the government’s commitment to a constitutional amendment to “facilitate citizenship by operation of law for overseas-born children of Malaysian women”.

“On November 15, 2021, the de facto law minister went on to state that the amendment will be tabled by July 2022 along with other amendments in the pipeline.

“The government must now honour its commitment and provide Malaysian women with an update,” the group said.

In December 2020, Family Frontiers filed a court challenge seeking a declaration that Malaysian women married to foreign spouses could automatically confer citizenship on their children who were born overseas.

It aimed to uphold the spirit of the Federal Constitution, which explicitly under article 8(2) prohibits discrimination, including on the basis of gender.

Family Frontiers, along with six Malaysian mothers, filed the challenge, naming the federal government as the sole defendant.

The seven plaintiffs seek a declaration that article 14(1)(b) of the federal constitution, read with the second schedule, part II, section 1(c) is discriminatory and in violation of article 8, in that it confers citizenship on a child born outside the federation whose father, but not the mother, is at the time of the birth a citizen.

The group said it was crucial for Putrajaya to reognise its obligation to protect its women and children.

It said by continuing to deny Malaysian women equal rights, the government was making the other sex and children vulnerable to harm and violence.

“Malaysian women live a lifetime of uncertainty; they also live with the possibility of being trapped in toxic/abusive marriages when the child’s legal status is completely dependent on the foreign fathers.

“Children continue to be denied equal access to fundamental rights such as healthcare, education and the right to stay with their families.

“Justice delayed is justice denied. Grant Malaysian women equal rights as Malaysian men to confer automatic citizenship on their overseas-born children without further delay.” – July 26, 2022.
 


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