JANUARY-FEBRUARY . 2023 | @ Halal
Issue
15
Extraordinary General Meeting ( EGM ) to urge the government to expunge the term “ illegitimate ” from documents of children born out of wedlock .
The motion argues that the term is derogatory and adversely affects a child ’ s emotional and psychological health .
Additionally , the motion stated that “[ t ] he children are blameless and , as such , should not be suffering the consequence of how they came into being by the actions of their biological parents and the law ”. It also argued that “ whether the parents were married or not when the child was conceived or born does not change who the biological mother and father of the child are ”.
Finally , it states that “ as such , in the best interests of these children , their rights must be recognised and protected , including the right to acquire citizenship , education , healthcare , welfare and other rights ” (“ Bar EGM to discuss use of ‘ illegitimate ’ for child out of wedlock ”, Free Malaysia Today , September 23 , 2021 ). Furthermore , the Legitimacy Act ( 1961 ) doesn ’ t address the rights on “ illegitimate ” children . Hence , EMIR Research recommends :
• All children born out of wedlock should still be able to enjoy all the rights of a legitimate child automatically and shouldn ’ t be subject to any form of discrimination in the realm of public law . Children born out of wedlock should be afforded and guaranteed equal protection when it comes to access to public services such as education , healthcare , employment opportunities , etc . ( as per Article 8 of the Federal Constitution ). Only in the realm of private law such as inheritance and succession would the discretion and space to discriminate apply , e . g ., in drafting the will ( probate law ). Towards that end , include specific provisions pertaining rights of the current “ illegitimate ” children in the Legitimacy Act 1961 – that they ’ re entitled to equal protection under the law ( as per Article 8 of the Federal Constitution ) and that any derogation thereof should only be limited to certain conditions such that alluded above . However , a derogation to the derogation should also be provided for , namely that where discretion conflicts with public law and public policy , the court is to apply the principle of non-discrimination . Finally , the term “ illegitimate ” should be expunged from all legal documents of children born out of wedlock and ceased legal language usage by all stakeholders concerned – judges , lawyers , government officials , etc . The government should issue a series of policy circulars via the various ministries and agencies concerned ( e . g ., Prime Minister ’ s Department , Home Ministry , MOH , etc .).
In its place could be the term “ pre-marital child / children ”;
• Ratify Article 7 of the United Nations Convention on the Rights of the Child ( UNCRC ). Article 7 is as follows : “ 1 . The child shall be registered immediately after birth and shall have the right from birth to a name , the right to acquire a nationality and , as far as possible , the right to know and be cared for by his or her parents . 2 . States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field , particularly where the child would otherwise be stateless ”.
• Launch an indefinite campaign to register all pre-marital children nationwide who weren ’ t registered upon birth . EMIR Research strongly urges the government to implement the recommendations to prevent pre-marital children from being stigmatised as “ illegitimate ”, especially since they had no control over the circumstances surrounding their birth but must still suffer the negative / severe long-lasting consequences in life .
Jason Loh and Juhi Todi are part of the research team at EMIR Research , an independent think tank focused on strategic policy recommendations based on rigorous research .