Overseas-born children of M’sian mums, foreign dads entitled to citizenship - court
Children born overseas to Malaysian mothers and foreign fathers are automatically entitled to Malaysian citizenship, ruled the High Court in Kuala Lumpur today.
Judge Akhtar Tahir allowed a lawsuit seeking a declaration that Malaysian women married to foreign spouses can automatically get citizenship for their children who are born overseas.
The legal action was filed by...
Children born overseas to Malaysian mothers and foreign fathers are automatically entitled to Malaysian citizenship, ruled the High Court in Kuala Lumpur today.
Judge Akhtar Tahir allowed a lawsuit seeking a declaration that Malaysian women married to foreign spouses can automatically get citizenship for their children who are born overseas.
The legal action was filed by six Malaysian mothers and rights group Family Frontiers on Dec 18 last year.
When contacted, lawyer Joshua Andran, acting for the Malaysian mothers and the NGO, confirmed the decision by the High Court.
During online proceedings, Akhtar ruled that Malaysian women (married to foreign men) have the same right as Malaysian men married to foreign women, to confer citizenship by operation of law on their children born overseas.
The judge said this is due to the harmonious reading of Article 8(2) of the Federal Constitution, read together with Article 14(1)(b) of the Federal Constitution which is also read with Section (1)(b) of Part II of the Second Schedule of the Federal Constitution.
He ruled that a reading of all these provisions together prohibits discrimination based on gender when it comes to conferment of citizenship.
Akhtar emphasised that the courts are empowered to interpret the law to uphold the spirit of the Federal Constitution and ensure justice.
He noted that the lawsuit does not seek to change policy but rather to apply existing law in a way that will find a remedy for the grievance of the plaintiffs.
“The grievances of the plaintiffs are real… the discrimination is apparent,” he said.
Article 8 deals with the fundamental right to equality before the law, with the provision's subparagraph two stating: "Except as expressly authorised by this Constitution, there shall be no discrimination against citizens on the ground only of religion, race, descent, place of birth or gender in any law or in the appointment to any office or employment under a public authority or in the administration of any law relating to the acquisition, holding or disposition of property or the establishing or carrying on of any trade, business, profession, vocation or employment.
Article 14 deals with Malaysian citizenship by operation of law.
Part II of the Second Schedule of the Federal Constitution is in relation to Malaysian citizenship by operation of law of persons born on or after Malaysia Day.
The plaintiffs' senior counsel Gurdial Singh Nijar, after the proceedings, said the decision fulfils the intention of Parliament when they amended the law (Article 8 of the Federal Constitution) in 2001.
He said this is to guarantee that there will be no discrimination against women, and it also preserves the family structure so that children born overseas to Malaysian mothers are citizens by operation of law.
'Huge relief for affected mothers'
Through a media statement issued by Family Frontiers, the group's president Suri Kempe said the verdict affirms the equality of Malaysian women.
"This is a huge relief for affected mothers because this judgment applies not just to the mothers directly involved in the case as plaintiffs, but to all Malaysian mothers who are similarly affected.
"This judgement recognises Malaysian women’s equality, and marks one step forward to a more egalitarian and just Malaysia,” she added.
The statement also quoted one of the six Malaysian mothers, who is a plaintiff in the suit, as welcoming the verdict, saying that she had been applying for her daughter's citizenship since the child was five years old.
"We thank God for the court’s decision. I am so happy, and I cannot wait to tell her that she is also Malaysian, just like her brother," she added.
Lawyer Andran described the verdict as "illuminating" and welcomed the decision in the fight against discrimination.
"It is also one which is consistent with the government’s amendment to Article 8 of the Federal Constitution to prohibit discrimination based on gender back in 2001.
"Mothers, and women as a whole, have been owed this for nearly 20 years and today they have been honoured not just by words and gestures but in pragmatic terms.
"The judge’s decision interprets the Constitution in a manner that gives meaning to today’s ideals," he said.
"In this day and age, discrimination against women, especially in such a fundamental issue such as citizenship, cannot be allowed to continue and this decision represents Malaysia’s effort to be counted amongst those who promote true equality between Malaysian men and women," Andran added.
Meanwhile, a tweet by Family Frontiers on the verdict received positive responses from netizens.
One Twitter user Supi Supian V, a Malaysian living abroad, welcomed the court ruling and expressed the desire to return to Malaysia after being married for eight years and postponing to start a family.
Another netizen known as Rinz simply tweeted: "Finally. So happy to hear this".
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