Why is Malaysia an outlier in citizenship laws?

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Malaysia's Status as an Outlier in Citizenship Laws

Malaysia is considered an outlier in global citizenship laws due to several persistent legal provisions that do not align with international norms and the practices of most other nations. Specifically, Malaysia has not reformed its laws to grant Malaysian women the same ability as Malaysian men to confer citizenship upon their overseas-born children. Furthermore, it stands as one of only two countries globally that denies citizenship to children born outside of legal marriage to their fathers, and it has failed to implement a crucial Federal Court decision from November 2021 that affirmed the citizenship rights of foundling children.
Inequality in Conferring Citizenship for Overseas-Born Children

Malaysia remains one of 24 countries worldwide that has not amended its legislation to ensure Malaysian women can obtain citizenship for their children born abroad on an equal footing with Malaysian men. This disparity creates a significant disadvantage for mothers who are Malaysian citizens but whose children are born outside the country, preventing them from automatically conferring citizenship under the same conditions as fathers. This situation has been a long-standing issue, with civil society organisations advocating for its immediate rectification through proposed amendments to the Federal Constitution.
Restrictions on Citizenship for Children Born Outside of Marriage

The country is noted as being one of only two nations globally, alongside Barbados, that does not grant citizenship to children born outside of a legal marriage to their Malaysian fathers. This legal stance deviates from the common practice in many other countries where the citizenship of the father is typically sufficient to confer nationality, regardless of marital status. The continued existence of this provision contributes to Malaysia's unique and outlier position in international comparisons of citizenship laws.
Failure to Implement Foundlings' Citizenship Rights

Despite a landmark Federal Court decision in November 2021 in the case of CCH & Anor v Pendaftar Besar Bagi Kelahiran dan Kematian, Malaysia, which upheld the rights of foundling children to citizenship under the Federal Constitution, Malaysia has not yet implemented this provision. This failure to act on a judicial affirmation of rights means that abandoned and foundling children continue to face uncertainty regarding their nationality. International human rights instruments, such as the UN Convention on the Rights of the Child, recognise a child's right to a nationality, and the lack of a clear pathway to citizenship for these children represents a violation of fundamental rights.

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Why is Malaysia an outlier in citizenship laws?

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