DAP applauds the decision of Shah Alam High Court to award Puan Noorfadilla Ahmad Saikin, RM300,000 in damages for breach of her constitutional right to gender equality after the government refused to employ her as a temporary teacher when she became pregnant. We urge AG not to appeal against the decision.
The decision by Shah Alam High Court is definitely an important milestone for abolishment of all forms of discrimination against women in Malaysia. However, there is no certainty if the same protection is now extended to women who work in the private sector as well.
Article 8(2) of the Federal Constitution says this:
“Except as expressly authorized by this Constitution, there shall be no discrimination against citizens on the ground of only of …. gender in any law or in the appointment to any office or employment under a public authority.”
In 1991, MAS terminated a flight stewardess Beatrice’s service when she became pregnant as according to a collective agreement between the airlines and its union, Beatrice was required to resign if she became pregnant.
In dismissing her case, Federal Court said the collective agreement did not contravene the constitutional guarantee of equality as Constitution as a branch of public law, “deals with contravention of individual rights by a public authority, it the state itself or any of its agencies”.
Therefore to ensure women working in the private sector also enjoy the same rights and protection, it is important to introduce Gender Equality Act in Malaysia. Gender equality legislation is imperative to further promote gender equality and to prevent gender discrimination. In considering the Malaysian Government’s report in 2006, the CEDAW Committee also stressed that the importance of having new laws directed specifically at eliminating sex and gender discrimination in Malaysia. The legislation must adopt CEDAW and grant it the force of law in Malaysia.
Gender inequality is a human issue and is above politics. I hope female MPs from BN can put aside the political differences and support the proposal. Let’s combine our effort to push for a Parliamentary Select Committee should be established to work on the contents of the Gender Equality Bill.