KUALA LUMPUR: A constitutional amendment to recognise “disability” is long overdue, says the Malaysian Bar, stressing that this crucial reform must happen soon.

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

Speaking at the forum “Understanding Disability Issues in Malaysia”, Malaysian Bar president Mohamad Ezri Abdul Wahab (pic) highlighted the challenges faced by persons with disabilities (PWDs), saying that it is important to foster 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 yesterday.

Mohamad Ezri added that progress requires more than just legal amendments, calling for awareness, understanding and empathy to fully address the experiences and struggles of PWDs.

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 is 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 said.

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.

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

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

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

She urged for 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), which focuses on access to justice.

Article 13 of the CRPD provides that all states must ensure PWDs have effective access to justice, on an equal basis with others, at all stages of the legal process, including investigative and judicial stages.

The same Article also states that ratifying countries are required to promote training for those working in the administration of justice, including police and prison staff, to ensure they understand and can meet the needs of PWDs.

“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.

https://www.thestar.com.my/news/nation/2024/11/17/msian-bar-include-disability-in-federal-constitution