PROHAM welcomes the Federal Court decision in the appeal by Ms Indira Gandhi against the decision of the Court of Appeal.

PROHAM supports this decision as it is in line with Article 14 of the United Nations Convention on the Rights of the Child.  Article 14(1) provides that the State shall respect the right of the child to freedom of thought, conscience and religion. Article 14(2) provides that States shall respect the rights and duties of the parents to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.

Furthermore, it is not only the child’s rights that have been secured but also the equal right as a parent to decide on matters relating to his or her children’s upbringing. Under the Guardianship of Infants Act 1961, Section 5(1) clearly provides that in relation to the upbringing of an infant, a mother shall have the same rights and authority as the law allows to a father, and the rights and authority of mother and father shall be equal. Hence, a mother cannot lose her rights just because the father chooses to convert to Islam. Her rights cannot be rolled back bearing the principle of non-regression.

As Malaysia is a signatory to the United Nations Convention on the Rights of the Child and the  Convention on the Elimination of All forms of Discrimination against Women, Malaysia must ensure equal parental rights are always upheld and that the principle of the best interests of the child always prevails.

PROHAM applauds the Federal Court in coming to a decision which ensures such rights are upheld. We urge all parties to respect  this decision and work towards a united Malaysia where all are equal before the law irrespective of religion, class and gender.

Released by:

Datuk Kuthubul Zaman, Chairman

Ivy Josiah, Secretary General  ( HP: 012 371 7070)

Society for the Promotion of Human Rights

Persatuan Promosi Hak Asasi Manusia (PROHAM)

30 January 2018

All Children have a Right to Education

PROHAM is deeply concerned that the immigration department and the education department are depriving stateless children, born in Malaysia, the right to education.

Malaysia is a signatory to the Convention on the Rights of the Child making it a duty on the part of the government to uphold its commitment to the protection and welfare of all children.

Children’s rights under the Convention includes the right to association with both parents, human identity, physical protection, food, universal state paid education, healthcare and child’s civil rights.

Hence, all states being parties to the Convention must ensure and guarantee these rights to each and every child irrespective whether they are citizens, stateless or refugees.

Every child is entitled to the rights and freedom set forth in the Convention without distinction or discrimination of any kind such as race, colour, sex, language, religion, national or social origin, birth or other status.

Article 3 of the Convention clearly provides that in all actions concerning children; whether undertaken by public or private social welfare institutions, courts of law, administrative authorities, or legislative bodies, the best interests of the child shall always be a primary consideration.

Therefore, to impose a requirement of a passport on a stateless child before a child is allowed to attend school is a preposterous condition and an outright violation of the Convention.

PROHAM urges the government and the relevant department to immediately revoke this condition to enable every child in this country be given their basic human right namely, the right to education.

Released by:

Datuk Kuthubul Zaman, Chairman

Ivy Josiah, Secretary General  ( HP: 012 371 7070)

Society for the Promotion of Human Rights

Persatuan Promosi Hak Asasi Manusia (PROHAM)

11 January 2018