[14 October 2012 Update: MLJ has reported the judgment here.]
JAG said it is ‘a giant leap for gender equality’. In a first-of-its-kind decision in Malaysia, the High Court held that pregnancy as a reason not to employ a woman is a form of gender discrimination, and therefore unconstitutional under Article 8 of the Federal Constitution.
The well-written Grounds of Judgment delivered by Zaleha Yusof J. sitting at the Shah Alam High Court has just been made available. It is a refreshing read – combining international human rights law (particularly CEDAW), and our own Federal Constitution, to support (to our minds at least) a correct decision prohibiting gender discrimination.
The matter is being appealed by the Government, and we await the hearing date of the appeal. Fingers crossed, the Court of Appeal will uphold this brilliant pro-human rights decision.
The Pusat Rakyat LoyarBurok (PRLB) is a community centre run by the Malaysian Centre for Constitutionalism and Human Rights (MCCHR). PRLB is open to Homo Sapiens (or higher i.e. Homo Superior like the X-Men), all species of simian and civil society organisations who wish to use the space for meetings, activities or events that support, promote or enhance the mission and spirit of MCCHR. MCCHR’s mission is to promote and protect human rights in Malaysia in accordance with established international rights principles, treaties and law by maximising the use of all appropriate tools through integrated and community-based approach. We also like to party and do other fun stuff. Serious. PRLB’s main purpose is to provide a conducive and safe space for youth (don’t worry, old flers are also welcome-lah) to engage constructively, discuss and educate themselves (and others) about civil, political, economic, social and cultural issues. It also seeks to provide a platform for other beneficial rakyat-orientated activities such as parties and other fun stuff. I know we sound stuffy here, but we are serious about the fun stuff.
Posted on 16 December 2011. You can follow any responses to this entry through the RSS 2.0.
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Just an update on the case status. Court of Appeal has fixed hearing on 27 June 2013. That is after the AGC failed to request for case mgmt date, and instead, my wife was the one (thru Edmund, Yen Hui & Honey of course) request for the case mgmt date.