Gender Discrimination Cases In Malaysia
In their finding 47.
Gender discrimination cases in malaysia. No discrimination on grounds of race descent place of birth or gender this challenge is illustrated in the case of noorfadilla bt ahmad saikin v chayed bin basirun ors 2012 1 mlj 832 where the court had to decide whether termination on the grounds of a person s pregnancy was an act of discrimination based on gender contrast with the position in the uk. Let s look at the gender gap report which first started in 2006 and look at how we fared in 2014. According to the women family and community development minister datuk rohani abdul karim the government is working to introduce a gender equality act to deal with discrimination against women at workplace and also looking to amend other existing laws such as the employment act the pensions act the penal code and the domestic violence act to accommodate the proposed gender equality law. According to a survey by the women s aid organisation wao 56 percent of women in malaysia have experienced at least one form of gender discrimination in the workplace.
Malaysia needed new laws directed specifically at eliminating sex and gender discrimination because current laws did not sufficiently protect women s rights members of the committee on the. While the constitution guarantees that malaysian fathers can pass their nationality to children even to those born abroad mothers must apply for the same via a process that could leave foreign born children in limbo for years. Examples of sex discrimination includes not giving the women the chance to hold a pose and not hiring women for a job because of the mentality that they will not fit to be in a particular job. There is one case of gender discrimination at workplace between beatrice fernandez and malaysia airlines that as held in 2004.
Apart from the amendment there are no gender specific legislations on discrimination a need which has become apparent following the 2005 decision of the federal court in beatrice fernandez v. Sistem penerbangan malaysia anor 2005 3 mlj 681 beatrice s case which held that an employee can be legally dismissed for getting pregnant. According to the malaysia s obligation under the convention of the elimination of all forms of discrimination against women cedaw this case comprises of direct discrimination which uses pregnancy to stop women from working and indirect discrimination whereby men and women are not treated equally.