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.
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