On 5 August 2022, the Court of Appeal, in a 2-1 decision, overturned the High Court decision on 9 September 2021 that allowed women to confer citizenship on their overseas-born children by ‘operation of law’ under Article 14(1)(b) of the Federal Constitution.

“While we respect the Court of Appeal decision, we are disappointed with the outcome, as this will impact many Malaysian women and their overseas-born children, who have been deprived of stability and access to basic rights such as healthcare and education. They have suffered for years, and Malaysian women as a whole have suffered for decades as a result of this discriminatory laws. This is a pressing matter that affects real lives; the well-being, and futures of our children; and as such we will continue to fight until there is justice,” said Patricia Low, a Malaysian mother who is impacted by gender-discriminatory citizenship laws.

As for documents already submitted by Malaysian women under Article 14(1)(b) of the Federal Constitution for the citizenship of their overseas-born children, the status quo will remain pending the conclusion of the matter. Many mothers hoped that the Court of Appeal would side with Malaysian women, but this setback means that the fight for their overseas-born children’s safety and well-being goes on; the legal counsels for Family Frontiers and the six impacted Malaysian mothers will file an application for leave to appeal to the Federal Court.

You can be a part of Malaysian women’s fight for equal citizenship by donating here: bit.ly/DonateToFF.

In allowing the Government’s appeal, the Court of Appeal stated that 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”. Additionally, the grievances of Malaysian mothers can only be remedied through an amendment to the Federal Constitution by Parliament, and not via the courts.

YA Datuk Nantha Balan, who gave the dissenting judgement, viewed that there is a plain and apparent conflict between Article 8(2) and Article 14(1)(b) and its related provisions of the Federal Constitution which implies that the bloodline of the mother is inferior to the bloodline of the father. He also added that, “it is illogical, perverse and degrading to the dignity of Malaysian women.”

For more information, you can refer to this article.

As a sign of solidarity, representatives of civil society organisations and student groups as well as several Members of Parliament have attended court to witness the decision and support the impacted Malaysian mothers and their children who were present.

You play a crucial role in our campaign. We would like to thank you for your continuous support and efforts in amplifying the Malaysian Campaign for Equal Citizenship and for standing in solidarity with us. In light of the recent Court of Appeal decision, we hope that you will continue to raise the issue through relevant platforms, especially in placing pressure on the government to uphold gender equal citizenship rights.