The International Day of Persons with Disabilities, observed annually on 3 December, is a time to honour the invaluable contributions and achievements of people with disabilities.
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 people with disabilities 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.
This omission contradicts Malaysia’s obligations under the UN Convention on the Rights of Persons with Disabilities, 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 people with disabilities in our society.
Beyond constitutional reform, there is an urgent need to harmonise Malaysia’s domestic laws with the UN convention. This harmonisation must extend beyond disability-specific legislation to include all laws governing infrastructure, services and systems.
- Sign up for Aliran's free daily email updates or weekly newsletters or both
- Make a one-off donation to Persatuan Aliran Kesedaran Negara, CIMB a/c 8004240948
- Make a regular pledge or periodic auto-donation to Aliran
- Become an Aliran member
Embedding inclusivity into our legal frameworks is essential to ensuring that people with disablities 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 people with disabilities 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 people with disabilities
Countries like India and China have taken commendable steps to promote disability-inclusive justice through mandatory judicial training and education on the rights of people with disabilities.
Malaysia must adopt similar initiatives, as outlined in Article 13 of the UN convention. 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 people with disabilities to seek justice and hold perpetrators of discrimination accountable.
As at 31 January 2023, 637,537 people with disabilities were registered with the Department of Social Welfare, representing about 1.9% of Malaysia’s population.
Between 2022 and 31 May 2024, only 10,766 people with disabilities joined the workforce.
These figures underscore the urgent need for sustained and meaningful action to integrate people with disabilities into every sector of society.
The Malaysian Bar reaffirms its unwavering commitment to advancing inclusivity, equality and the rights of people with disabilities.
Legislative reforms, harmonisation of laws with the UN convention, 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 people with disabilities can live with independence, dignity and equal opportunity.
Together, let us champion the leadership of people with disabilities. 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 Abdul Wahab is president of the Malaysian Bar.
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
