What constitutional provisions safeguard abandoned newborns from statelessness?

Question

Accepted Answer

Constitutional Provisions Safeguarding Abandoned Newborns from Statelessness

A teenager abandoned at birth in Kuala Lumpur and subsequently adopted by a Malaysian couple has been declared a Malaysian citizen by the Federal Court. This landmark unanimous decision affirms that specific constitutional provisions are in place to prevent children abandoned at birth within Malaysia from becoming stateless. The Federal Court overturned previous High Court and Court of Appeal rulings that had denied the boy's citizenship claim, establishing a crucial precedent for handling such cases.
Article 14(1)(b) and Section 1(a) of Part II of the Second Schedule

Central to this ruling is Article 14(1)(b) of the Federal Constitution, which, in conjunction with Section 1(a) of Part II of the Second Schedule, grants citizenship by operation of law. Article 14(1)(b) stipulates that individuals born after Malaysia's formation are citizens if they meet the conditions outlined in Part II of the Second Schedule. Section 1(a) specifically addresses this by stating that every person born within Malaysia to at least one parent who is a citizen or a permanent resident of Malaysia is a citizen by operation of law. This means citizenship is automatically conferred without the need for a formal application process.
Section 19B of Part III of the Second Schedule and its Interpretation

Further safeguarding abandoned newborns is Section 19B of Part III of the Second Schedule. This provision states that any newborn child found exposed in any location is presumed to have been born there to a mother permanently residing in that location, unless proven otherwise. The Federal Court interpreted this section broadly, underscoring its purpose to cover newborns left without any traceable biological parents, thereby preventing statelessness. In the case of the 17-year-old, who was found abandoned at the hospital where he was born, Section 19B created a presumption that he was born to a mother permanently resident there.
Harmonious Reading and the Burden of Proof

The Federal Court's decision rested on a harmonious reading of Section 1(a) and Section 19B. By presuming the mother's permanent residency under Section 19B, the child fulfilled the requirement of being born in Malaysia to a parent (presumed mother) with permanent residency status, as stipulated in Section 1(a). The court emphasized that the burden of proof lies with the Registrar-General of Births and Deaths Malaysia to present contrary evidence if they dispute the presumption of abandonment or the mother's residency. The court found no evidence to suggest the adoptive parents had fabricated the abandonment narrative.
Fundamental Rights and the Registrar-General's Discretion

The Federal Court highlighted that citizenship is intrinsically linked to the fundamental rights to life and personal liberty as enshrined in Article 5(1) of the Federal Constitution. Consequently, constitutional provisions protecting these rights must be interpreted broadly. The court asserted that the Registrar-General has no discretion to deny citizenship to an abandoned child, as citizenship by operation of law is a fundamental constitutional right, not subject to arbitrary decisions. The ruling establishes that the registrar-general must conduct thorough investigations, and if abandonment is confirmed, they are obligated to recognise the child's citizenship, thereby preventing statelessness.

Reading history

Hide →

This history is cleared when the page is closed.

What constitutional provisions safeguard abandoned newborns from statelessness?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends