Zuraida To Champion Child’s Citizenship After Federal Court Dismissal
According to the law, an illegitimate child’s citizenship follows their mother’s. But is it fair in this case?
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Housing and Local Government Minister, Datuk Zuraida Kamaruddin, calls Section 17 of the Federal Constitution which addresses the issues regarding illegitimate child’s citizenship status, as archaic.
She said in a statement that she will address the issue regarding Section 17 to ensure that a child could be granted Malaysian citizenship following Article 15 (2) of the Federal Constitution.
On Friday (28 May), a 10-year-old boy who was born to a Malaysian father and a Filipino mother was denied citizenship by the Federal Court because he was born months before his parents were legally married.
Four of the seven judges in the apex court dismissed the boy’s appeal as he was considered an illegitimate child.
The boy was born in September 2010, but his parents registered their marriage in Malaysia in February 2011.
17. For the purposes of Part III of this Constitution references to a person’s father or to his parent, or to one of his parents, are in relation to a person who is illegitimate to be construed as references to his mother, and accordingly section 19 of this Schedule shall not apply to such a person.
Constitution of Malaysia 1975 – Second Schedule – Part III
This means that the citizenship of an illegitimate child will follow that of their mother.
“While we respect decisions made by the judiciary in carrying out their constitutional duties, I have to express my disagreement in this case.
“The decision is devoid of the spirit of justice and compassion,“ said Zuraida.
Zuraida said she was committed to the repeal or amendment of the matter and would raise it with the government.
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