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Pursuing another constitutional amendment to include the word “disability” to protect marginalised groups, is long overdue and must be done soon, says the Malaysian Bar.

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00:00The Malaysian Bar states pursuing another constitutional amendment to include the word
00:08disability for the protection of marginalized groups is long overdue and must be done promptly.
00:15It also emphasized the urgent need for the constitutional amendment to include disability
00:21as a protected category under Articles 8, Subsection 2 and 12, Subsection 1 of the Federal
00:27Constitution.
00:28The Understanding Disability Issues in Malaysia Forum, organized by the Bar Council Ad Hoc
00:34Committee on Persons with Disabilities on Saturday, brought together legal professionals
00:39to discuss reforms for protecting and supporting PWDs.
00:43As we gather today to deliberate on the critical issues concerning disability in Malaysia,
00:48I am reminded of a Malay proverb, dimana ada kemahaman, disitu ada jalan, meaning where
00:56there is a will, there is a way. This forum is a reflection of that will, the will to
01:03acknowledge the challenges, to listen to the voices of those who have been marginalized
01:07and to act decisively to ensure that no one is left behind.
01:13However, loss alone cannot bring about change. True progress requires awareness, understanding
01:21and most importantly, empathy.
01:24Justice and Solicitor Meera Samantha highlighted the glaring omission of disability in both
01:29articles, noting that while gender was included in 2001, disability remains unrecognized.
01:36We cannot be discriminated on the grounds of race, religion, etc. But disability is
01:45missing. Why is disability missing? I mean, this is a very alarming statement. Is the
01:52disability an enabler of discrimination? That's my big question.
01:57Adding to the discussion, Advocate and Solicitor Sangeet Koredio urged an amendment to include
02:02the right to access justice as outlined in Article 13 of the United Nations Convention
02:08on the Rights of Persons with Disabilities.
02:11I do not know why that is the case. I think it's absolutely crucial because that has been
02:17envisaged and taken on board when we became signatories of the CRPD.
02:26Sangeet proposed recognizing persons with disabilities as a vulnerable group under the
02:31Criminal Procedure Code, introducing support provisions and implementing disability awareness
02:36training in the criminal justice system. She also recommended collecting data on persons
02:42with disabilities in prisons and courts to inform policy decisions.

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