KUALA LUMPUR: Pursuing another constitutional amendment to include the word “disability” to protect marginalised groups, is long overdue and must be done soon, says the Malaysian Bar.

The Malaysian Bar said the constitutional amendment urgently needed to include “disability” as a protected category under Articles 8(2) and 12(1) of the Federal Constitution.

Speaking at the “Understanding Disability Issues in Malaysia” forum, Malaysian Bar president Mohamad Ezri Abdul Wahab (pic) described the proposed reforms as long overdue, highlighting the challenges faced by persons with disabilities (PWDs) and the importance of fostering an inclusive society.

“Where there’s a will, there’s a way, and the will is to meet the challenges to ensure no one is left behind,” he said in his opening speech at the Bar Council building here on Saturday (Nov 16).

Ezri said that progress requires more than just legal amendments; it calls for awareness, understanding, and empathy to address the experiences and struggles of PWDs fully.

The forum, organised by the Bar Council Ad Hoc Committee on Persons with Disabilities, brought together legal professionals to discuss reforms necessary to protect and support PWDs.

Advocate and solicitor Meera Samanther, who co-chairs the committee, highlighted the “glaring omission” of disability in Articles 8(2) and 12(1).

She said that while gender was included in Article 8(2) in 2001, disability has yet to be recognised.

“This is alarming. We need that protection explicitly stated in our Federal Constitution.

“Article 8(2) prohibits discrimination based on religion, race, descent, place of birth, or gender, but disability is missing.

“Why is it not included? Is the government an enabler of discrimination?” she asked.

Meera cited a case where a blind university lecturer was denied equal treatment when applying for a housing loan.

“Despite his financial credibility, he was asked for a guarantee simply because he was blind. That is straightforward discrimination,” she said.

She further called for amendments to Article 12(1), which prohibits discrimination in education, to include PWDs explicitly.

“Education is a fundamental right, and PWDs should not be excluded,” she added.

Adding to the discussion, advocate and solicitor Sangeet Kaur Deo, a committee member, highlighted gaps in the Persons with Disabilities Act and other legal frameworks.

She urged the Act to be amended to include the right to access justice, as outlined in Article 13 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD).

“The lack of training for police, court staff, and judges, as well as inadequate infrastructure, poses significant barriers for PWDs in accessing justice,” she said.

Sangeet proposed formally recognising PWDs as a vulnerable group under the Criminal Procedure Code (CPC) and introducing necessary accommodations and support provisions.

She also stressed the need for comprehensive disability awareness training across the criminal justice system. She recommended collecting data on PWDs in prisons and courts to understand their challenges better and inform policy decisions.

https://www.thestar.com.my/news/nation/2024/11/16/malaysian-bar-urges-constitutional-amendment-to-include-disability-rights