The commission expressed its disappointment in the recent Court of Appeal ruling to uphold the current law that children derive citizenship from only their Malaysian fathers.

“This is not in line with the intent and spirit of the Keluarga Malaysia concept. Malaysian women are also forced to migrate because their children are not accepted here.

“Many children are separated from their families and even suffer mental health issues due to their uncertain future,” it said in a statement.

“They are deprived of their basic needs, including access to medical services, education, citizenship and other rights guaranteed to all Malaysian citizens under the law.”

In view of this, Suhakam urges the government to provide a permanent solution to the plight of Malaysian mothers and their overseas-born children in order for them to remain a family.

“The government must expedite its proposal to amend the Second Schedule of the Federal Constitution in line with Malaysia’s current membership in the United Nations Human Rights Council and its responsibility to achieve gender equality and fulfil the rights of children,” it added.

On Friday, the Court of Appeal overturned a High Court ruling in September in which judge Akhtar Tahir had held that mothers were entitled to confer citizenship by operation of law in all processes, just like fathers.

He said the word “father” in the Second Schedule of the Federal Constitution must mean and include mothers.

However, the Court of Appeal ruled by a 2-1 majority that the word “father” is “clear and unambiguous” and could not be construed to include “mother”. It held that children born overseas to Malaysian mothers can be denied citizenship.

The court decision came in an appeal by the government, the home minister and the director-general of the national registration department (JPN) against the High Court ruling.