Recommendations:
● Government must ensure all women, regardless of nationality or
income, have effective access to affordable healthcare services,
including childbirth, reproductive health, and family planning.
● MoH to establish a dedicated unit/department to better address
healthcare issues at places of detention.
4.
Vulnerable Groups
4.1.
Rights of Women
SUHAKAM was a member of the Special Project Team (SPT) under the Ministry
of Women, Family and Community Development (MWFCD) to draft the
Gender Equality Bill in 2019, which is yet to be enacted.
The Government enacted the Anti-Sexual Harassment Act 2022 [Act 840] and
SUHAKAM was actively involved in stakeholder engagements as a SPT
member, to improve remaining gaps in this Act.
The Government has applied patriarchal lineage in citizenship status
application for children and a constitutional challenge is pending in the Federal
Court on this matter. SUHAKAM is advocating for constitutional amendments
to resolve lingering issues. Where a person is born in wedlock, outside of
Malaysia, the person will qualify for citizenship only if the father is a Malaysian
citizen, by operation of law under Part II, Second Schedule, FC.
Recommendations:
● Legislate a Gender Equality Bill.
● Withdraw reservation to Article 9(2) of CEDAW to grant women equal
rights with men with respect to the nationality of their children.
● Government to be consistent with the implementation of nondiscriminatory policies and laws relating to gender discrimination
under Article 8 FC.
● Government to consider reviewing the current legislation by providing
legal protection to both married and unmarried partners.
● Government to expedite amendments in allowing mothers to grant
citizenship to their children.
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