KUALA LUMPUR, Oct 20 — The High Court had on September 9 made a historic decision to recognise that Malaysian women should have the same right as Malaysian men, under the Federal Constitution, to pass on citizenship automatically to their children born overseas.
Under Article 15, the Malaysian government “may” register anyone aged below 21 as a Malaysian citizen, if this person has at least one parent who is Malaysian and if this person’s parent or guardian had applied for the citizenship registration. Members of Family Frontiers hold up placards demanding equal citizenship rights for Malaysians at the Kuala Lumpur High Court April 27, 2021. — Picture by Hari Anggara
The earliest time these mothers had made the first citizenship application for their children was in 2011 or even 2013, which means the journey for some of them had started 10 years ago. Members of Family Frontiers hold up placards demanding equal citizenship rights for Malaysians at the Kuala Lumpur High Court April 27, 2021. — Picture by Hari AnggaraOn September 9, High Court judge Akhtar delivered his landmark judgment which held that Malaysia’s citizenship laws in the Federal Constitution should not be interpreted in a way that discriminates against Malaysian women.
Section 1 provides for every person born outside Malaysia to be a citizen automatically if their “father” is a Malaysian citizen at the time of the person’s birth. High Court judge Akhtar recognised how the same family could have both non-Malaysian and Malaysian children because of the government’s rejection of citizenship applications to the child born overseas, which caused the child born abroad to face mental suffering, being deprived of privileges for education, healthcare and travel and with further difficulties due to Covid-19 pandemic travel restrictions.
The government had also argued that the six Malaysian mothers did not have legal standing as they could allegedly only file the lawsuit on behalf of their children instead of for the mothers themselves, as those who are aggrieved were allegedly the children and not the mothers. The government had also argued that certain provisions in the Federal Constitution — such as Section 2 of the Second Schedule which states the government’s decision of citizenship matters “shall not be subject to appeal or review in any court” — expressly ousts or removes the courts’ powers to decide on citizenship issues.
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