Publication: Equality And Citizenship For Women In Malaysia: Where And When?
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Date
2021-06
Journal Title
Journal ISSN
Volume Title
Publisher
USIM Press
Abstract
Malaysia has agreed that all men and women are accorded equal right to citizenship under the Federal
Constitution. Article 14 (1) (b) and Part II of the Second Schedule of the Federal Constitution provide
for citizenship by operation of law for every person born outside Malaysia whose father is at the time
of the birth a citizen of Malaysia. However, a Malaysian woman can apply for her child to be registered
as a citizen under Article 15(2) of the Federal Constitution. In this regard, the Government has enhanced
the implementation of Article 15(2) by way of an interim administrative procedure that was
implemented on 1 June 2010 and applies to children born overseas after 1 January 2010 to Malaysian
women who are married to foreigners. The core analysis in this article is to examine whether Malaysian
laws on women and their children’s rights to citizenship is harmonious with the Women’s Convention.
We analyse whether Malaysia has taken all appropriate measures, including laws, policies,
administrative decisions and programmes, to eliminate women’s disadvantages based on the principal
areas of concern and recommendations of the CEDAW in the concluding comments made against
Malaysia following the list of issues and questions in relation to the combined third to fifth periodic
reports of Malaysia following the Sixty-Ninth Session in Geneva from 19 February to 9 March 2018
and the application of equality informed by the Women’s Convention.
Description
Vol. 9 No. 1 (2021): MJSL - Volume 9, No. 1, 2021
Keywords
Equality, citizenship, women’s rights and children
Citation
Nik Saleh, N. S. S., Abdul Shukor, S., & Wan Ismail, W. A. F. (2021). EQUALITY AND CITIZENSHIP FOR WOMEN IN MALAYSIA: WHERE AND WHEN?. Malaysian Journal of Syariah and Law, 9(1), 103 - 113. https://doi.org/10.33102/mjsl.vol9no1.265