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The International Day of Persons with Disabilities, observed annually on 3 December, is a time to honour the invaluable contributions and achievements of persons with disabilities (“PwDs”).
It is also a call to action to dismantle barriers, confront inequalities, and build a truly inclusive society. This year’s theme — “Amplifying the Leadership of Persons with Disabilities for an Inclusive and Sustainable Future” — underscores the need to empower PwDs to shape a future where equity and inclusion are fundamental.
The Malaysian Bar reiterates its call for the Government to act decisively by amending Articles 8 and 12 of the Federal Constitution to include “disability” as a prohibited ground of discrimination.1 This omission contradicts Malaysia’s obligations under the United Nations Convention on the Rights of Persons with Disabilities (“CRPD”), ratified in 2010. Such an amendment would not only provide explicit legal protection against discrimination, but also send a powerful message affirming the dignity, rights, and equal worth of PwDs in our society.
Beyond constitutional reform, there is an urgent need to harmonise Malaysia’s domestic laws with the CRPD. This harmonisation must extend beyond disability-specific legislation to include all laws governing infrastructure, services, and systems. Embedding inclusivity into our legal frameworks is essential to ensuring that PwDs can live with autonomy, dignity, and equality before the law.
The Malaysian Bar calls upon the legal industry to lead by example. This includes:
- Promoting Inclusive Employment: Commit to inclusive recruitment, retention, and career advancement opportunities for PwDs within the legal industry; and
- Advocating Judicial Sensitisation: Introduce comprehensive training programmes for law enforcement agencies focusing on the human rights and unique challenges of PwDs.
Countries like India2 and China3 have taken commendable steps to promote disability-inclusive justice through mandatory judicial training and education on the rights of PwDs. Malaysia must adopt similar initiatives, as outlined in Article 13 of the CRPD.4 Sensitisation training for judges, lawyers, and law enforcement officials is essential to breaking down systemic barriers and fostering a more equitable justice system.
To ensure accountability and provide avenues for redress, the Malaysian Bar proposes establishing an Independent Tribunal or appointing a Disability Commissioner.
This tribunal or commissioner would:
- address complaints of disability-based discrimination across sectors such as education, healthcare, employment, and accessibility;
- provide effective remedies for discriminatory practices; and
- ensure compliance with domestic laws and international conventions.
Such a mechanism would create a structured, reliable process for PwDs to seek justice and hold perpetrators of discrimination accountable.
As at 31 January 2023, 637,537 PwDs were registered with the Department of Social Welfare (Jabatan Kebajikan Masyarakat), representing approximately 1.9% of Malaysia’s population.5 Between 2022 and 31 May 2024, only 10,766 PwDs joined the workforce.6 These figures underscore the urgent need for sustained and meaningful action to integrate PwDs into every sector of society.
The Malaysian Bar reaffirms its unwavering commitment to advancing inclusivity, equality, and the rights of PwDs. Legislative reforms, harmonisation of laws with the CRPD, and inclusive practices within the legal community are not just lofty ideals; they are immediate necessities. We cannot wait for change; we must act to create a society where PwDs can live with independence, dignity, and equal opportunity.
Together, let us champion the leadership of PwDs. Let us build a Malaysia that not only complies with international commitments but embodies the principles of justice, fairness, and respect for all. The time to act is now.
Mohamad Ezri b Abdul Wahab
President
Malaysian Bar
1 “Press Release | Rights Unseen: The Urgent Need to Include “Disability” in Malaysia’s Federal Constitution”, Malaysian Bar website, 8 May 2024.
2 “Harmonization of National Laws with the Convention on the Rights of Persons with Disabilities: National Case Study — Republic of India”, Economic and Social Commission for Asia and the Pacific (“ESCAP”), page 21.
3 “Harmonization of National Laws with the Convention on the Rights of Persons with Disabilities: Country Case Study — China”, ESCAP, page 42.
4 Article 13 — Access to Justice, CRPD
- States Parties shall ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision of procedural and age-appropriate accommodations, in order to facilitate their effective role as direct and indirect participants, including as witnesses, in all legal proceedings, including at investigative and other preliminary stages.
- In order to help to ensure effective access to justice for persons with disabilities, States Parties shall promote appropriate training for those working in the field of administration of justice, including police and prison staff.
6 “Mesyuarat Kedua, Penggal Ketiga, Parlimen Kelima Belas, 2024” (pages 81 and 82).