Page 17 - Mainstreamer e-Magazine 01 June 2022 - Final (4)
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CRITICAL THOUGHTS
Every year, the number of PWDs
increases in line with the rise in
the Malaysian population. (Picture
for illustration purpose only. Image
source: https://upload.wikimedia.
org/wikipedia/commons/3/3b/
Kuala_Lumpur%2C_Malaysia.JPG)
are charity based. However, the trend has slowly and rights of PWDs were regarded as charity-
changed from being charity-based to right-based. based. PWDs were seen as benefit-receivers who
Hence, the government needs to consider different require medical treatment. As opposed to the
structures and authorities apart from the DSWM rights-based model, PWDs are viewed inclusively
to cater to other issues and needs of PWDs. and as a part of society. The charity-based model
sees them as an exclusive group. The Act can be
In principle, the rights and welfare of PWDs regarded both as a stepping stone and a stumbling
in Malaysia are guaranteed under various laws block for the PWDs. This is because as a stepping
and policies. In 2008, Malaysia committed to stone, it provides a legal avenue for PWDs to seek
responding to the rights of PWDs by signing the redress.
UN CRPD. For the record, Malaysia has shown
commitment toward other rights-based issues However, the Act can also become a stumbling
such as ratifying the Convention on the Elimination block for PWDs because the government and
of All Forms of Discrimination against Women society can now argue that there exists an
(CEDAW) and the Convention on the Rights of the institution that guarantees PWDs’ rights in
Child (CRC) in 1995. Additionally, Malaysia passed Malaysia. Hence, their request for rights may
various laws on human rights, and upon closer be brushed aside. The fact that there are no
inspection, many aspects of these regulations also punitive elements in the Act has rendered the law
cover the rights of PWDs, such as the Law Reform ineffective. It is only enforceable through agencies
(Marriage and Divorce) Act 1976, the Employees’ and individuals’ goodwill. In short, enforcement
Social Security Act 1969, the Destitute Persons Act remains a choice.
1977, and the Mental Health Act 2001.
Parallel to international developments on the
In Malaysia, it was only in 2008 that specific rights of PWDs, together with the enforcement
regulations on PWDs were enforced. The Persons of the Act in 2008, Malaysia has also sanctioned
with Disabilities Act 2008 (Act 685) was passed by a policy concerning the PWDs under the 11th
the Dewan Negara on 24 December 2007, received Malaysian Plan. Corresponding to the Incheon
the Royal Assent on 26 January 2008, and finally Strategy (2012), Malaysia came up with its
came into force on 7 July 2008. The Act spells out strategy known as the Malaysian Plan of Action for
the rights of PWDs, which focuses on accessibility, People with Disabilities 2016-2022. The Incheon
habilitation and rehabilitation, health, protection Strategy was launched in Asia and the Pacific
of persons with severe disabilities, and situations region, comprising 10 goals. It was the third set of
of risk and humanitarian emergencies. regionally agreed disability-inclusive development
goals in Asia and the Pacific region. Malaysia
Before the enactment of the Act, the welfare followed suit through the Malaysian Plan of Action
Vol. 01, Issue 1 | June 2022 16
