Rights body Suhakam voices concern over court ruling denying citizenship to children born out of wedlock

KUALA LUMPUR, July 25 — The Human Rights Commission of Malaysia (Suhakam) has expressed deep concern over a recent Court of Appeal decision that denies Malaysian citizenship to children born out of wedlock to Malaysian fathers and non-Malaysian mothers.

While affirming full respect for judicial independence and acknowledging the court’s role in interpreting the Federal Constitution as it stands, Suhakam said the ruling exposes critical gaps in the country’s citizenship framework that could leave vulnerable children at risk of statelessness.

“Every child has the right to acquire a nationality,” Suhakam said in a statement today, citing Article 7 of the United Nations Convention on the Rights of the Child (CRC), to which Malaysia has been a signatory since 1995.

The commission noted that the UN Committee on the Rights of the Child, in its Concluding Observations adopted in February 2026, had urged Malaysia to strengthen its legal framework to ensure all children have access to nationality without discrimination, and to take effective measures to prevent and reduce childhood statelessness.

Suhakam has long maintained that no child should be disadvantaged or denied access to nationality because of their parents’ marital status or circumstances beyond their control.

“Citizenship should not be determined by moral judgments relating to the circumstances of a child’s birth,” the commission said. “Every child is entitled to equal protection and non-discrimination under the law, regardless of the marital status of their parents.”

The commission emphasised that citizenship is not merely a legal status but “the gateway to the enjoyment of many fundamental rights, including access to education, healthcare, social protection, employment and full participation in society.”

While acknowledging that recent constitutional amendments allowing Malaysian mothers to confer citizenship on children born overseas marked an important milestone, Suhakam reiterated its call for further progressive reforms in line with the principles of equality, non-discrimination and the best interests of the child.

Pending broader legislative changes, Suhakam encouraged the government to utilise existing mechanisms under Article 15A of the Federal Constitution, which was specifically enacted to prevent children from becoming stateless.

“The executive discretion must be exercised in accordance with the child’s best interests and to prevent the possibility of children becoming stateless through no fault of theirs,” the commission said.

Suhakam reaffirmed its commitment to working constructively with the government, Parliament and all relevant stakeholders to advance a child rights-based citizenship framework in line with Malaysia’s obligations under the CRC.