Respect the right of pregnant women to work, 7 Feb 2012
IN July 2011, the Shah Alam High Court ruled that the act of revoking a woman’fs employment offer as a temporary teacher due to her pregnancy was unconstitutional and had breached Malaysia’s obligation as a state party to the United Nationss Convention on the Elimination of all Forms of Discrimination against Women (Cedaw).
In her judgment, Justice Zaleha Yusuf affirmed that it was the Court’s role to promote the observance of human rights in this country.
She also stated “Cedaw is not a mere declaration. It is a convention. Hence it has the force of law and [is] binding on member states, including Malaysia. Therefore, the Court has no choice but to refer to Cedaw in clarifying the term ‘quality’ and gender discrimination under Article 8 (2) of the Federal Constitution.”
The landmark ruling was significant as it served to prohibit dismissals on the grounds of pregnancy.
In her judgment, Zaleha systematically refuted the arguments which had been put forward by the Attorney-General’s Chambers in defence of the revoking of the job offer, finding that they lacked merit.
The Joint Action Group for Gender Equality (JAG) is therefore appalled to learn of the A-G’s Chambers’ appeal against this progressive ruling.
This appeal shows a blatant disregard for:
- The principles of equality and the prohibition of genderbased discrimination under the Federal Constitution.
- Malaysia;s obligations under Cedaw, and
- Malaysia’s position in the UN Human Rights Council.
Article 8(1) provides equality before the law for all persons, and entitlement to equal protection of the law. Article 8(2) prohibits discrimination based on various criteria, one of which is gender.
This prohibition against discrimination extends to several social realities, such as appointment to any office or employment under a public authority.
Under Cedaw, Article 11(2) (a) states that State parties shall take appropriate measures to prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave.
It is also significant to note that upon Malaysia’s re-election the UN Human Rights Council, the Government had made the following statement:
“It signifies the international community’s recognition and appreciation of Malaysia’s commitment to respecting and upholding the inalienable and indivisible nature of all human rights at the international and domestic levels.”
The government’s appeal against this ruling reflects poorly on its sincerity in upholding its commitments, nationally and internationally.
It serves no purpose claiming to uphold the rights of women in the international arena and maintaining a regressive stand in the country.
The full participation of women in the labour force is integral in any economy. The Government has made numerous statements and commitments about encouraging and recognising the importance of including women in the workforce.
The Attorney-General’s announcement to appeal this decision taints government initiatives relating to women in the workforce.
The government of the day should rightly lead the way in acknowledging and respecting the contributions of women in the workforce, be they pregnant or not.
The Government ought to discard unconstitutional policies and abolish all forms of dismissal or sanction on the basis of pregnancy or maternity leave.
JAG reiterates our statement that from June 2011 that “the government and society must acknowledge maternity as a vital social function and accept that a woman’s human rights must not be denied if she chooses to have a child. JAG calls on the Malaysian government and society to recognise that they are duty bound to accommodate pregnant women and not to dismiss employees or prospective employees on the basis of pregnancy.”
JOINT ACTION GROUP FOR GENDER
EQUALITY (JAG), COMPRISING:
Women’s Centre for Change, (WCC),
All Women’s Action Society(AWAM),
Persatuan Kesedaran Komuniti Selangor (EMPOWER),
Women’s Aid Organisation (WAO),
Perak Women for Women Society (PWW),
Sabah Women’s Action Resource Group (SAWO),
Sisters in Islam (SIS),
Persatuan Sahabat Wanita Selangor (PSWS)