THE landmark decision by the High Court in Kuala Lumpur yesterday (Sept 10) which favoured granting automatic citizenship to children born overseas to Malaysian women married to foreign spouses is certainly a welcomed ruling and a boon to all women.
This ruling cancels the earlier interpretation of according citizenship to children of Malaysian fathers only.
Filed by the Association of Family Support & Welfare Selangor & Kuala Lumpur (Family Frontiers) and six Malaysian women married to foreigners, the case was presided by High Court Judge Datuk Akhtar Tahir who made the verdict that Article 14(1)(b) together with the Second Schedule, Part II, Section 1(b) of the Federal Constitution relating to citizenship rights, must be read in harmony with Article 8(2) of the Federal Constitution which prohibits gender-based discrimination.
This effectively accords mothers with the same rights as fathers as is the universally accepted and established values of the intenational community.
As mentioned by the court, this will not need any policy changes but simply to apply existing laws to uplift the spirit of the federal constitution. However, the Ministry of Home Affairs and the National Registration Department must now act quickly to institutionalise and implement the said ruling by drafting the procedures for application.
I look forward to the implementation of this ruling to many other cases involving Malaysian women applying citizenship for their children.
Datuk Zuraida Kamaruddin is Women Political Leaders (WPL) Ambassador for Malaysia, Council of Malaysian Women Political Leaders (COMWEL) president and Plantation Industries and Commodities Minister.
The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
Photo credit: Malay Mail
