KUCHING: The Kuala Lumpur High Court's landmark ruling that children born overseas to Malaysian mothers are entitled to citizenship will bring justice to affected children and their mothers, says the Sarawak Women for Women Society (SWWS).
The decision is also a much-needed clarification on the Federal Constitution which reaffirms the nation's commitment to end gender discrimination, it said.
"Before this ruling, Malaysian mothers married to foreign spouses who had children born out of the country were denied automatic rights to citizenship, unlike Malaysian men in a transnational marriage.
"This was because officers overseeing applications followed to the letter Part II Section 1(b) of the Constitution which states 'father' and did not take into account the later insertion of Article 8 which states there should be no gender discrimination," SWWS said in a statement on Friday (Sept 10).
The court ruling, it said, made it clear that the Articles relating to citizenship need to be read in harmony with Article 8 to enforce the intention of ending discrmination.
SWWS called on the Federal Government to support the decision by swiftly instructing all relevant departments to follow the judge's order for them to issue the relevant documents, including identity cards.
"It is important that this decision is publicised so mothers know they can reapply and the heartache they have experienced can be ended," it said.
SWWS also saluted the six mothers and NGO Family Frontiers who took the case to court so that their children could be treated fairly.
It added that the court ruling was consistent with the United Nations' Convention of the Rights of the Child, which gives precedence to the best interests of children, and the Convention on the Elimination of Discrimination to Women, which is reflected in Article 8 of the Constitution.
"We look forward to the day when the proposed Gender Equality Act is tabled in Parliament to further strengthen women’s rights," it said.