Chapter 3 - Report of the Research and Policy Development Group
As highlighted in the Report, the Commission observes a lack of overall involvement within the
Government machinery in realising the goals of the CRC. The CRC and child rights issues are,
to a large extent, the responsibilities of the MWFCD. While it is acknowledged that there have
been some consultations and cooperation among Ministries and agencies, the Commission is
of the view that human rights and child rights issues should not be the sole responsibility and
concern of the MWFCD.
There is insufficient engagement with children in making decisions that affect their interests; this
contravenes the spirit of the CRC. For example, based on the visits to schools, the Commission
found that children with disabilities face many obstacles to learning under the current education
system. Engaging with the children – as well as their parents and teachers – and considering
their views and experiences may assist the Government in improving the system.
3. MONITORING THE IMPLEMENTATION OF THE CONVENTION ON
THE RIGHTS OF PERSONS WITH DISABILITIES (CRPD)
On 17 March, the Commission received a memorandum, themed ‘Bangkit 2012’, from the
Persons with Disabilities Working Group of the Bar Council Human Rights Committee. Eleven
issues were highlighted, such as the registration of persons with disabilities (PwD), an education
system that complies with the needs of PwD, accessibility, employment and living skills. The
memorandum also offered recommendations on improving the rights and situations of PwD.
The Commission is currently preparing a report based on research entitled ‘Malaysia – Its
Compliance with the CRPD, Person with Disabilities Act, Malaysian Standards and Policies’.
The research will be included as part of the Commission’s Independent Report to the UN.
4. THE COMMISSION’S ROLE IN COURT
The Commission held a watching brief in three cases before the courts – Teo Soon Heng &
5 others v the Election Commission of Malaysia (the right to vote); Gan Soh Eng & 7 Ors v
Guppy Plastic Industries Sdn Bhd (women’s rights); and Zaina bin Abidin Hamid @ S Maniam &
3 Ors v Government of Malaysia & 3 Ors (freedom of religion). In the first and third cases, the
Commission relied on the Universal Declaration of Human Rights 1948 (UDHR) and the Federal
Constitution in making its submission to the court. With regard to the second case, the CEDAW
formed the basis of the Commission’s submission.
In all three cases, the Commission was represented by a Commissioner and a lawyer from
the Bar Council. The Commission is appreciative of the Bar and its members’ continuous
commitment by providing professional services on pro bono basis. The Commission is also
grateful for the Judiciary’s support in acceding to requests to hold a watching brief even when
the application was made at short notice.
The Commission reiterates the importance of its involvement in cases that provide an
opportunity to promote human rights principles, as enumerated in the Federal Constitution
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