Key Issues Article 9 of the CRPD states that, in order to enable PwD to live independently and participate in all aspects of life, State Parties shall take appropriate measures to ensure ... access, on equal basis with others, to the physical environment, to transportation, to information and communications, including information and communication technologies and systems, and to other facilities and services open or provided to the public, both in urban and in rural areas. social, economic and cultural rights on an equal basis with others. (e) Sexual Orientation and Gender Identity During the year, the Commission, among other sections of society, was stunned by the publication of a parenting guide that illustrates ‘signs’ of homosexuality. The guide was reportedly published by Yayasan Guru Malaysia Bhd and the Putrajaya Consultative Council of Parents and Teachers Associations and launched at a seminar on 12 September. Although the Deputy Education Minister officiated at the seminar, the Ministry of Education later denied having endorsed the guidelines on ‘how to spot gay and lesbian children’ in school. The Commission is of the view that, regardless of sexual orientation or gender identity, everyone is entitled to rights and fundamental liberties. The Commission feels that cases involving school children should be carefully handled and that proper guidance should be given to ensure respect for all human beings, and to prevent discrimination on the basis of sexual orientation. In October, four Muslim transsexuals sought to challenge – on the grounds of non-discrimination and freedom of expression – Section 66 of the Syariah Criminal (Negeri Sembilan) Enactment 1992, which prohibits any man from dressing or posing as a woman. According to media reports, the High Court ruled that the Enactment excludes the fundamental liberties under the Federal Constitution. NGOs condemned the ruling, alleging that the court’s unfavourable ruling has set a dangerous precedent, in stipulating that state-enacted Islamic law overrides the fundamental liberties guaranteed by the Constitution. The Commission, while acknowledging the country’s dual legal system, which comprises secular laws that apply to all citizens and Syariah laws that apply to Muslims, is concerned that the judgment may have a negative impact on members of sexual minority groups and expose them to further harrassment, discrimination and intimidation. The Commission hopes that the authorities will act justly to ensure that this group is accorded the dignity and respect to which all human beings are entitled. 19

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