The Malaysian Bar said it is deeply concerned that Persons with Disabilities are still being discriminated against in education, health, employment, financial services, physical and digital accessibility, sports, and political participation.
Under the Federal Constitution there is no explicit prohibition of discrimination against disability, it however provides that there shall be no discrimination on the basis of religion, race, descent, place of birth or gender “except as expressly authorized by the Constitution.
Malaysia ratified the United Nations Convention on the Rights of Persons with Disabilities in July 2010 however to date, 14 years have elapsed without Malaysia harmonising any domestic legislation with the CRPD. The Malaysian Bar said harmonisation must start with the FC and the Persons with Disabilities Act 2008, and must continue with other legislation covering all aspects of every citizen’s life.
The FC — as the supreme legislation of the nation — has to be harmonised with the CRPD. As it stands, the FC does not cite disability as a ground for prohibition of discrimination, and is thus not aligned with the CRPD. In summary, it does not uphold
and protect the rights of a vulnerable and growing section of society. For 67 years since Merdeka, PwDs have continuously been overlooked.
According to the 2022 World Health Organization’s estimate, PwDs are 16% of the population. As at 29 February 2024, 2.1% of the Malaysian population are holders of OKU cards issued by the Department of Social Welfare (Jabatan Kebajikan
Masyarakat). Malaysia has become an ageing nation, with 11.3% of the total population aged 60 and above.
The Bar noted failure to uphold the rights and social protection of PwDs in Malaysia is inconsistent with the nation’s international legally-binding obligations under the CRPD. PwDs continue to face laws that embody discriminatory attitudes, policies, and practices; and face marginalisation in education, employment, health, access to goods and services (including financial products and services), housing, public transport, digital accessibility and communications, and sports By omitting a specific guarantee of equality and non-discrimination on the basis of disability, the FC, as it stands, perpetuates marginalisation.
The Malaysian Bar therefore calls on the Government to urgently amend Articles 8(2) and 12(1) of the FC to ensure that it accords explicit protection of rights to PwDs.
Equality
