Move to appeal Noorfadilla's case a 'backward step'
Published: Jan 31, 2012 10:28 AM | Updated: Jan 31, 2012 9:20 PM
PKR Wanita has expressed regret over the government’s decision to appeal the landmark judgment in the Noorfadilla Ahmad Saikin’s suit against the government.
PKR Wanita raps the gov’t for appealing the judgment, which has been cited for an international gender justice award.
[VIDEO INSIDE]
PKR Wanita has expressed regret over the government’s decision to appeal the landmark judgment in the Noorfadilla Ahmad Saikin’s suit against the government.
The movement’s deputy chief, Haniza Talha (right), said the Shah Alam High Court’s decision had injected new hope in the campaign for gender equality following Malaysia’s ratification of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (Cedaw), of which the country is a signatory since 1995.
“The government’s decision to appeal is a step backward in uplifting the position of women, and the negation of a Malaysian woman’s rights in accordance to local and international law.
“The decision is a scar in Malaysia’s cap, especially after the judgment was nominated for the International Gender Justice Uncovered award by Women’s Link Worldwide this year,” Haniza said.
The High Court in its decision found that the convention is binding to Malaysia’s laws on gender equality.
Minister should play bigger role
Haniza also urged the Women, Family and Community Development Minister Shahrizat Abdul Jalil not to shirk her role in advancing women’s rights.
“She should prevent this uncivilised act,” she said.
Quoting the former UN secretary-general Kofi Annan, Haniza said: “Gender equality is more than a goal in itself. It is a precondition for meeting the challenges of reducing poverty, promoting sustainable development and building good governance.”
On Saturday, Malaysiakini reported that the government intends to appeal the decision in the Noorfadilla case which the High Court had found the Education Ministry’s refusal not to hire the relief teacher on grounds that she was pregnant unlawful.
Noorfadilla, 29, a relief teacher had sued the Education Ministry and government for withdrawing her appointment letter as an untrained relief teacher at a secondary school in Kajang because she was three months’ pregnant during the time of her interview three years ago.
She had named the two district officers, the Selangor Education Department, the ministry and the government as defendants in her application, where she sought a declaration that the revocation of her placement offer was illegal and unconstitutional.
Malaysia violates international convention
Justice Zaleha Yusof, in her written judgment, found that Cedaw was not a mere declaration but a convention.
She noted that Cedaw “has the force of law and is binding on member states including Malaysia”.
“This is more so in view that Malaysia has pledged its continued commitment to ensure that Malaysian practices are compatible with the provisions and principles of Cedaw as evidenced in a letter from the permanent mission of Malaysia to the permanent missions of UN member states dated March 9, 2010.
“To me, in interpreting Article 8(2) of the federal constitution, it is the court’s duty to take into account the government’s commitment and obligation at the international level, especially under an international convention like Cedaw, to which Malaysia is a party.
“The court has no choice but to refer to Cedaw in clarifying the term ‘equality’ and gender discrimination under Article 8(2) of our constitution,” she said in her landmark ruling.
VIDEO|8.02 mins
The movement’s deputy chief, Haniza Talha (right), said the Shah Alam High Court’s decision had injected new hope in the campaign for gender equality following Malaysia’s ratification of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (Cedaw), of which the country is a signatory since 1995. “The government’s decision to appeal is a step backward in uplifting the position of women, and the negation of a Malaysian woman’s rights in accordance to local and international law.
“The decision is a scar in Malaysia’s cap, especially after the judgment was nominated for the International Gender Justice Uncovered award by Women’s Link Worldwide this year,” Haniza said.
The High Court in its decision found that the convention is binding to Malaysia’s laws on gender equality.
Minister should play bigger role
Haniza also urged the Women, Family and Community Development Minister Shahrizat Abdul Jalil not to shirk her role in advancing women’s rights.
“She should prevent this uncivilised act,” she said.
Quoting the former UN secretary-general Kofi Annan, Haniza said: “Gender equality is more than a goal in itself. It is a precondition for meeting the challenges of reducing poverty, promoting sustainable development and building good governance.”
On Saturday, Malaysiakini reported that the government intends to appeal the decision in the Noorfadilla case which the High Court had found the Education Ministry’s refusal not to hire the relief teacher on grounds that she was pregnant unlawful.
Noorfadilla, 29, a relief teacher had sued the Education Ministry and government for withdrawing her appointment letter as an untrained relief teacher at a secondary school in Kajang because she was three months’ pregnant during the time of her interview three years ago.
She had named the two district officers, the Selangor Education Department, the ministry and the government as defendants in her application, where she sought a declaration that the revocation of her placement offer was illegal and unconstitutional.
Malaysia violates international convention
Justice Zaleha Yusof, in her written judgment, found that Cedaw was not a mere declaration but a convention.
She noted that Cedaw “has the force of law and is binding on member states including Malaysia”.
“This is more so in view that Malaysia has pledged its continued commitment to ensure that Malaysian practices are compatible with the provisions and principles of Cedaw as evidenced in a letter from the permanent mission of Malaysia to the permanent missions of UN member states dated March 9, 2010.
“To me, in interpreting Article 8(2) of the federal constitution, it is the court’s duty to take into account the government’s commitment and obligation at the international level, especially under an international convention like Cedaw, to which Malaysia is a party.
“The court has no choice but to refer to Cedaw in clarifying the term ‘equality’ and gender discrimination under Article 8(2) of our constitution,” she said in her landmark ruling.
VIDEO|8.02 mins
View Comments0