[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.