Malaysian mothers cheer vote to fix 'sexist' constitution

18/10/2024 6:04

        Malaysia's
        parliament voted on Thursday to change the constitution to allow
        women to pass their nationality to children born overseas amid a
        protracted legal battle between a group of mothers and the
        government.
        
        "This is a monumental victory. It's fantastic," said Adlyn
        Teoh, who spent nearly a decade battling to get Malaysian
        citizenship for her son before deciding to take the government
        to court.
        
        Although Malaysian men can automatically confer citizenship
        on children born abroad, women do not enjoy the same right
        because the constitution only refers to the "father" passing on
        his nationality.
        
        Parliamentarians voted overwhelmingly in favour of a bill
        which would give both parents the same rights.
        
        Campaigners said the long overdue amendment would transform
        lives and could spur other countries to scrap sexist citizenship
        laws, which break up families, render children stateless and
        leave women trapped in abusive relationships.
        
        Teoh, president of grassroots organisation Family Frontiers,
        which campaigns on the issue, said Malaysia's current law
        created "horrendous" problems for women with foreign spouses who
        give birth overseas and want to return home to raise their
        families.
        
        Her son Reis ended up stateless for a while when he could
        not inherit his father's nationality or hers.
        
        Teoh, 46, a cybersecurity professional, said children like
        Reis do not have the same rights to free education, healthcare
        and social services as Malaysian children.
        
        Visas have to be constantly renewed and children may have to
        leave the country after they become adults.
        
        Teoh estimated the annual cost of school fees, health
        insurance and other charges could amount to 50,000 ringgit
        ($11,610) per child.
        
        
        
        'MASSIVE WIN'
        
        Although Malaysian women can apply for citizenship for
        children born overseas, decisions often take years and
        rejections are common, with no reason given.
        
        Family Frontiers said the reform could benefit thousands of
        binational families whose numbers are rising as more people
        spend time working abroad.
        
        Malaysia is one of 24 countries that ban or limit women
        conferring their nationality on their children.
        
        Catherine Harrington of the Global Campaign for Equal
        Nationality Rights said the vote could drive change elsewhere.
        
        "This is a massive win for the Malaysian mothers, and a huge
        step for global efforts to end gender discrimination in
        nationality laws," she added.
        
        "We're hopeful other countries will be inspired ... and take
        action."
        
        Harrington said Malaysia's sexist citizenship law had
        deterred professional women, who had gained valuable experience
        abroad, from returning home and contributing to the country.
        
        Campaigners said some Malaysian women have also become
        trapped in toxic marriages abroad because they feared if they
        returned home they could not bring their children.
        
        
        
        LEGAL FIGHT
        
        The mothers' battle for equal citizenship rights made
        headlines in 2021 when Teoh, five other mothers and Family
        Frontiers took the government to court.
        
        The High Court ruled in their favour and their children now
        have citizenship, but the Court of Appeal overturned the High
        Court's decision in August 2022.
        
        The mothers are challenging the ruling, with the case set to
        be heard in the Federal Court in December.
        
        The bill passed on Thursday was drawn up after elections in
        late-2022 yielded a new government, which promised to fix the
        problem as a priority.
        
        The legislation still needs to be approved by the upper
        house, but campaigners are hopeful it should go through.
        
        However, the reform will not be retroactive, leaving many
        children born overseas before 2024 still in limbo.
        
        Patricia Low's two children Ethan, 10, and Grace, 8, are
        among them. They were born in Ireland but have lived almost all
        their lives in Malaysia.
        
        "I'm disappointed this will not benefit my own children,"
        said Low. "But this fight is also for future Malaysian women so
        they never have to go through what we had to."
        
        Human rights campaigners have also criticised several
        regressive amendments in the bill, including one that will scrap
        automatic citizenship for children born to stateless permanent
        residents who were born in the country.
        
        These children will now have to apply for citizenship, which
        critics say will give rise to intergenerational statelessness.
        
        The government could not immediately be reached for comment.