Home Civil Society Voices Historic Malaysian verdict on the rights of people with disabilities

Historic Malaysian verdict on the rights of people with disabilities

Treat people with disabilities with respect and compassion

Follow us on our Malay and English WhatsApp, Telegram, Instagram, Tiktok and Youtube channels.

The OKU (people with disabilities) community of Malaysia applauds Justice Quay Chew Soon for his historic 16 January decision on a disabled person’s right to freedom from discrimination in employment.

This decision upholds the constitutional right of everyone under Article 8 (1) of the Federal Constitution, regardless of ability, to seek public sector employment.

Ch’ng B’ao Zhong, a counsellor on contract, since October 2020, with the Ministry of Health (MoH), has a masters in counselling psychology and works at the health office in the Southwest District of Penang Island.

In 2021, B’ao applied for a permanent position as a psychology officer (pegawai psikologi). He fulfilled the MoH academic criteria, passed the various screening stages, was shortlisted for an interview but was not selected after the interview.

In 2022, he was issued an “OKU card” based on his diagnosis: autism spectrum disorder, level 1. His disability does not affect his work performance, as evidenced by the 2,000-plus hours of counselling provided to over a thousand patients.

In mid-2022, B’ao updated his disability status in his online government account with the “Sistem Pendaftaran Pekerjaan Suruhanjaya Perkhidmatan Awam (SPA)” (the Public Service Commission’s job registration) portal.

In December 2023, when a vacancy arose, B’ao reapplied for the same permanent position (psychology officer). However, he was not shortlisted for an interview; the Public Service Commission’s portal indicated B’ao did not meet the academic criterion for the position.

On many occasions, B’ao contacted the Human Resources Department of the commission for clarification and was given a verbal indication that he failed to be shortlisted because he was an OKU card holder.

READ MORE:  Can Malaysian society move towards inclusion?

Aggrieved, B’ao applied to the Penang High Court for a judicial review seeking a declaration that he had been discriminated against on the grounds of disability during the process of accessing employment in a public sector permanent position.

The basis of seeking the declaration was on the grounds that the Public Service Commission’s decision was not consistent with Article 8(1) of the Federal Constitution and Section 29 of the Persons with Disabilities Act 2008, which guarantees equal access to employment.

On 16 January, Justice Quay Chew Soon ruled in favour of B’ao and declared as follows:

  • The Public Service Commission and government of Malaysia, in considering any person with disabilities’ application for employment in the public sector, must act consistently with Article 8(1) of the Federal Constitution and Section 29 of the Persons with Disabilities Act
  • A direction to quash the decision of the Public Service Commission and the government of Malaysia in rejecting B’ao’s application for the position of psychology officer, which was communicated to B’ao on 8 February 2024
  • B’ao be granted an online interview and be allowed a psychometric examination for his application for the position of psychology officer in a health clinic in Penang
  • The Public Service Commission and the government of Malaysia must ensure that B’ao is not discriminated against on the basis of disability in any of his future applications for the position of psychology officer

Justice Quay also found that there was a breach of legitimate expectation concerning the UN Convention on the Rights of Persons with Disabilities, which prohibits discrimination against people with disabilities.

READ MORE:  Has the PH-led government made progress for the disability community in line with its party manifesto?

This case highlights the many discriminatory barriers that people with disabilities face in Malaysia, and it is time for the government to urgently amend Article 8 (2) of the Federal Constitution to expressly prohibit discrimination on the grounds of disability.

Similarly, an urgent and comprehensive amendment of the Persons with Disabilities Act is essential to align it with the UN convention, which Malaysia ratified in July 2010. All people in Malaysia with disabilities have a legitimate right to and expectation of, not being discriminated against.

We commend B’ao’s courage in pursuing this legal challenge and his counsel, Surendra Ananth, for his tireless and passionate advocacy, and commitment to disability justice.

We thank the Malaysian Bar, represented by Shahareen Begum, for supporting this case as amicus curae.

Signatories:
Harapan OKU Law Reform Group Members:

  • Dato’ Dr Amar-Singh HSS
  • Datin Anit Kaur Randhawa
  • Mary Chen
  • Meera Samanther
  • Sangeet Deo Kaur
  • Yuenwah San
The views expressed in Aliran's media statements and the NGO statements we have endorsed reflect Aliran's official stand. Views and opinions expressed in other pieces published here do not necessarily reflect Aliran's official position.

AGENDA RAKYAT - Lima perkara utama
  1. Tegakkan maruah serta kualiti kehidupan rakyat
  2. Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
  3. Raikan kerencaman dan keterangkuman
  4. Selamatkan demokrasi dan angkatkan keluhuran undang-undang
  5. Lawan rasuah dan kronisme
Support our work by making a donation. Tap to download the QR code below and scan this QR code from Gallery by using TnG e-wallet or most banking apps:
Subscribe
Notify of
guest
0 Comments
Newest
Oldest Most Voted
Inline Feedbacks
View all comments

Most Read

0
Would love your thoughts, please comment.x
()
x