Even though equality has been described as a simple concept, its meanings and principles have not been properly understood by the public. Similar treatment might not have a value of neutrality because, once the right to equality is related to and enforced by laws, its objectivity and impartiality can be challenged. The Malaysian government is making progress towards a safer and more equal environment for women and girls following the proposed new or amended legislation. These includes the anti-stalking law, the Sexual Harassment Act, and ending child marriage. Furthermore, the establishment of a Select Committee on Rights and Gender Equality in Parliament have been considered as a good step forward for equality. Indeed, implementation of policies such as childcare facilities in government offices as well as encouraging the private sector to follow suit are good moves towards creating more opportunities and encouraging the participation of women in the workforce. This paper explores the conceptual understanding of ‘equality’ globally and from the perspective of Islamic jurisprudence. This reflection is in line with Islamic belief that needs to reform the understanding of society based on the suggestion of Al-Quran and Islamic scholars. With this interpretation, this paper will explore Malaysia’s progress in empowering women and gender equality. Finally, this paper will suggest a way forward for Malaysia to empower women that have been marginalized and subordinated
Malaysia has agreed that all men and women are accorded equal right to citizenship under the Federal Constitution. Article 14 (1) (b) and Part II of the Second Schedule of the Federal Constitution provide for citizenship by operation of law for every person born outside Malaysia whose father is at the time of the birth a citizen of Malaysia. However, a Malaysian woman can apply for her child to be registered as a citizen under Article 15(2) of the Federal Constitution. In this regard, the Government has enhanced the implementation of Article 15(2) by way of an interim administrative procedure that was implemented on 1 June 2010 and applies to children born overseas after 1 January 2010 to Malaysian women who are married to foreigners. The core analysis in this article is to examine whether Malaysian laws on women and their children’s rights to citizenship is harmonious with the Women’s Convention. We analyse whether Malaysia has taken all appropriate measures, including laws, policies, administrative decisions and programmes, to eliminate women’s disadvantages based on the principal areas of concern and recommendations of the CEDAW in the concluding comments made against Malaysia following the list of issues and questions in relation to the combined third to fifth periodic reports of Malaysia following the Sixty-Ninth Session in Geneva from 19 February to 9 March 2018 and the application of equality informed by the Women’s Convention.
Health and safety are the required legal requirements that need to be regulated in-laws and regulations of child care centres. These legal requirements are categorised as structural quality features which are often translated into laws and regulations in ensuring quality child care for children. This paper examines the question of whether the health and safety legal requirements necessitate improvements in the legislative framework of Malaysian child care. The laws and regulations in Malaysia on health and safety requirements as stated in the Child Care Centre Act 1984 and Child Care Centre Regulation 2012 are evaluated according to the relevant sections and regulations. Recommendations are made in enhancing laws and regulations in child care centres in Malaysia regarding health and safety. The qualitative method was used in this study using document analysis especially the related laws in Malaysia. Cross-reference to other jurisdictions’ laws and regulations such as Australia and Singapore was also conducted. In conclusion, enhancement on health and safety features need to be made especially with regards to knowledge on child protection law amongst child care providers, prohibition of employment, laws, and regulations on incidents, injury and trauma, and medicine and drugs administration.
Quality childcare services are essential in ensuring that children are well cared for not only in terms of their health and safety, but also their mental and intellectual development. Childcare services should not be thought of as should not be considered as mere care services but rather it is the key foundation for young children's education. According to practice in Malaysia, home childcare centres that care for less than four children do not need to register with the authorities and are not monitored by any laws or regulations. The issue of home childminders who are not regulated by specific laws is crucial to be highlighted in an effort to improve the quality of childcare services in Malaysia through legislative efforts. Hence, the purpose of this research is to examine the legal requirements for regulating home child care centres. Highlights of incidents and cases involving home day care are analysed to see the extent to which children's safety is exposed to the risk of danger as a result of the absence of specific laws to supervise home childminders. This study was conducted using the method of doctrinal research in the form of data collection based on document analysis and case reviews. The findings of this study indicate that there is a need to draft a specific law to regulate home childminders to protect the welfare and safety of children.
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