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Court decision has ‘ripped my heart out’, says mum

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Many express disappointment over Court of Appeal ruling that Malaysian mothers cannot automatically pass on citizenship to children born overseas.

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Free Malaysia Today
Young Malaysian mothers and representatives of Family Frontiers outside the national registration department in June.

PETALING JAYA:
Several young Malaysian mothers have expressed disappointment over the Court of Appeal’s decision to overturn a High Court ruling that allowed women to confer citizenship on their children born abroad by operation of law.

One of them said the decision has “ripped my heart out”.

In a 2-1 judgment in favour of the government, the appellate court ruled that children born overseas to Malaysian mothers can be denied citizenship as the word “father” in Article 14(1)(b) of the Federal Constitution and its related provisions in the Second Schedule is “clear and unambiguous” and cannot be construed to include “mother”.

“Today’s decision has ripped my heart out as a woman and a mother,” said Mashithah, a Malaysian mother who is affected by the ruling.

In a press statement issued by non-governmental organisation Family Frontiers, she said “Malaysian women should be on equal standing as men” and asked why children were punished “just because they weren’t born here”.

One of the respondents in the appeal questioned “the bias against women”, saying the current interpretation of the law and associated policies had caused great hardship for many families.

“Remember, we are Malaysian, and proudly so. We will continue to seek an end to this discrimination against half of our population, against the daughters of Malaysia,” she said.

Last September, High Court judge Akhtar Tahir held that the word “father” in the Second Schedule of the Federal Constitution must mean and include mothers.

He held that mothers were entitled to confer citizenship by operation of law in all processes, just like fathers.

The government, the home minister and the director-general of the national registration department (JPN) appealed the ruling.

In today’s decision, Court of Appeal judges Kamaludin Md Said and Azizah Nawawi said the word “father” in the Second Schedule of Part 11 of the Federal Constitution meant the biological father and cannot be extended to include the mother or parents.

Kamaludin and Azizah, who said they were following legal principles in a Federal Court ruling made last year, added that it was up to Parliament, not the court, to rewrite the constitution.

Judge S Nantha Balan, who dissented, said the present legal status of the mother’s bloodline was made to look inferior to the father, and that “it is illogical, perverse and degrading to the dignity of (Malaysian women)”.

Family Frontiers president Suriani Kempe said the decision was “extremely disappointing”, adding that this “devastating interpretation of the Federal Constitution perpetuates gender discrimination”.

“This is indeed a setback, but we will not be deterred. We will appeal this decision at the Federal Court and continue to hold faith in our justice system,” she said.

“We stand firm in the belief that one day our government will see us, Malaysian women, as we see ourselves, equal citizens, and that our children have just as much a right to be Malaysian as the children of Malaysian men.”

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