{"id":3802,"date":"2025-01-19T13:07:41","date_gmt":"2025-01-19T05:07:41","guid":{"rendered":"https:\/\/projecthaans.com\/?p=3802"},"modified":"2025-01-19T13:07:41","modified_gmt":"2025-01-19T05:07:41","slug":"historic-decision-on-pwd-rights-in-malaysia","status":"publish","type":"post","link":"https:\/\/projecthaans.com\/ms\/historic-decision-on-pwd-rights-in-malaysia\/","title":{"rendered":"Historic Decision on PWD Rights in Malaysia"},"content":{"rendered":"

By Harapan OKU Law Reform Group<\/strong><\/p>\n\n\n\n

The Persons with Disabilities (PWD) or Orang Kurang Upaya<\/em> (OKU) community of Malaysia applauds Justice Quay Chew Soon for his historic 16 January 2025 decision on OKU right to freedom from discrimination in employment. This decision upholds the constitutional right of all Malaysians under art. 8 (1) of the Federal Constitution, regardless of ability, to seek public sector employment.<\/p>\n\n\n\n

Ch\u2019ng B\u2019ao Zhong (B\u2019ao), a counsellor on contract, since October 2020, with the Ministry of Health (MoH), has a Master\u2019s in Counselling Psychology and works at Pejabat Kesihatan, Daerah Daya Barat, Pulau Pinang.<\/p>\n\n\n\n

In 2021, B\u2019ao applied for a permanent position as a Pegawai Psikologi. He fulfilled the MoH academic criteria, passed the various screening stages, was shortlisted for an interview but was not selected after the interview.<\/p>\n\n\n\n

In 2022, he was issued an OKU card based on his diagnosis: autism spectrum disorder, level 1. His disability does not affect his work performance, as evidenced by the 2000+ hours of counselling provided to over 1,000 patients. In mid-2022, B\u2019ao updated his disability status in his online government account with the \u201cSistem Pendaftaran Pekerjaan Suruhanjaya Perkhidmatan Awam (SPA)\u201d portal.<\/p>\n\n\n\n

In December 2023, when a vacancy arose, B\u2019ao reapplied for the same permanent position (Pegawai Psikologi). However, he was not shortlisted for an interview; the SPA portal indicated B\u2019ao did not meet the academic criterion for the position.<\/p>\n\n\n\n

On many occasions, B\u2019ao contacted the Human Resources Department of the SPA for clarification and was given a verbal indication that he failed to be shortlisted because he was an OKU card holder.<\/p>\n\n\n\n

Aggrieved, B\u2019ao applied to the Penang High Court for a judicial review seeking declaration that he had been discriminated against on the ground of disability during the process of accessing employment in a public sector permanent position.  The basis of seeking the declaration was on the grounds that the SPA decision was not consistent with article 8 (1) of the Federal Constitution and section 29 of the Persons with Disabilities Act, 2008 which guarantees equal access to employment.<\/p>\n\n\n\n

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On 16 January 2025, Justice Quay Chew Soon ruled in favour of B\u2019ao and declared as follows:<\/p>\n\n\n\n

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  1. The SPA and Government of Malaysia, in considering any OKU application for employment in the public sector, must act consistently with article 8 (1) of the Federal Constitution and section 29 of the Persons with Disabilities Act, 2008.<\/li>\n<\/ol>\n\n\n\n