KLGA5 - Slot 2 Ms. Firdaus Husni

1. By Firdaus Husni
Co-Chairperson
Bar Council Constitutional Law Committee

2. Universal Declaration of Human Rights
All human beings are born free and equal in dignity and
rights and that everyone is entitled to all the rights and
freedoms set forth therein, without distinction of any kind,
including distinction based on sex

3. What is Gender Equality?
“Equal rights, responsibilities and opportunities of women
and men, girls and boys” - United Nations Entity for
Gender Equality and the Empowerment of Women

4. What Is NOT Gender Equality?
• It is not about women and men becoming the
SAME but that women’s and men’s rights,
responsibilities and opportunities will not
depend on whether they are born female or
male.

5. Formal Equality vs
Substantive Equality
Substantive Equality Formal Equality
• The equality of opportunities
and the equality of results,
whereby there should be equal
treatment of people to access
the same opportunities.
However, recognizing that not
everyone has the same
advantages, to ensure equality
of result, specific measures
might be required to rectify
the imbalance caused by a
disadvantage.
• Formal equality promotes
individual justice as the basis
for a moral claim to virtue and
is reliant upon the proposition
that fairness (the moral virtue)
requires consistent or equal
treatment.

6. GENDER EQUALITY
IN MALAYSIA
Today, many Malaysian still do
not view gender equality as a
matter of justice.
According to the World
Economic Forum’s Global
Gender Gap Report 2014,
Malaysia was ranked at the 107th
spot out of 142 countries, with
the score of 0.652

7. World Economic Forum's Global Gender Gap Report
2014
Rank (out of 142
countries)
Country Score (Highest = 1 (equality),
Lowest = 0 (inequality))
9 Philippines 0.7814
59 Singapore 0.7046
60 Laos 0.7044
61 Thailand 0.7027
76 Vietnam 0.6915
97 Indonesia 0.6725
98 Brunei 0.6719
107 Malaysia 0.6520
108 Cambodia 0.6520
The report evaluated countries’ gender gap in 4 main areas: economic
participation and opportunity, education attainment, health and survival and
political empowerment

8. The Status of Men and Women in the Malaysian
Society
In conjunction with
The Beijing Platform for
Action 2015, UNICEF’s
conducted a survey on
Malaysians, and a
majority of them think
that Malaysian men hold
higher status than
women in society.

9. Are women in Malaysia adequately protected
from domestic abuse, sexual harassment, and
rape?
- Clearly, the answer
is no, as there are
63% of people who
disagree and 17% of
the people who
remains neutral.

10. PDRM’s Reports (2000-2013)

11. Are Laws in Malaysia Sufficient
in Promoting Gender Equality?

12. Federal Constitution of Malaysia

13. • Article 8
(1) All person are equal before the law and entitled to the equal
protection of the law
(1) Except as expressly authorized by this Constitution, there shall
be no discrimination against citizens on the ground only of
religion , race, descent, place of birth or gender in any law or in
the appointment to any office or any employment under a
public authority or in the administration of any law relating to
the acquisition, holding or disposition of property or the
establishing or carrying on of any trade, business, profession,
vocation or employment. -

14. Article 12(1) – rights in respect of education
Without prejudice to the generality of
Article 8, there shall be no
discrimination against any citizen on
the grounds only of religion, race,
descent or place of birth…

15. Article 14(1)(b) and Part II of the Second Schedule s1(c): 2nd
Schedule, Part II –
1. Subject to the provisions of Part III of this Constitution, the following persons
born on or after Malaysia Day are citizens by operation of law, that is to say:
(b) every person born outside the Federation whose father is at the time of
the birth a citizen and either was born in the Federation or is at the time of the
birth in the service of the Federation or of a State; and
(c) every person born outside the Federation whose father is at the time of
the birth a citizen and whose birth is, within one year of its occurrence or within
such longer period as the Federal Government may in any particular case allow,
registered at a consulate of the Federation or, if it occurs in Brunei or in a
territory prescribed for this purpose by order of the Yang di- Pertuan Agong,
registered with the Federal Government;

16. Article 15(1):
Subject to Article 18, any married woman whose husband is a
citizen is entitled, upon making application to the Federal
Government, to be registered as a citizen if the marriage was
subsisting and the husband a citizen at the beginning of
October 1962, or if she satisfies the Federal Government –
(a) that she has resided in the Federation throughout the two
years preceding the date of the application and intends to do
so permanently; and
(b) that she is of good character.

17. Article 26(2):
The Federal Government may by order deprive of her citizenship any woman
who is a citizen by registration under Clause (1) of Article 15 if satisfied that the
marriage by virtue of which she was registered has been dissolved, otherwise
than by death, within the period of two years beginning with the date of the
marriage.

18. Other Legislation

19. Employment Act 1955
S37 Maternity leave is a minimum of 60 days as opposed to the standard of 90 days required
by International Labour Organisation (ILO)
S34 “…no employer shall require any female employee to work in any industrial or
agricultural undertaking between the hours of ten o’clock in the evening and five o’clock in
the morning…”.
This prohibits women from working at night
S35 “No female employee shall be employed in any underground working”.

20. S10(1) of the Workmen’s
Compensation Act 1952
Note: Lump sum compensation payable to women and children is to be held by
commissioner on her behalf while there are no such provisions for men
receiving such compensations.
“No payment of compensation in respect of a workman
whose injury has resulted in death, and no payment of a
lump sum as compensation to a woman or to a minor,
shall be made otherwise than by deposit with the
Commissioner”.

21. Immigration
Regulations 1963
S10: Foreign husbands are not entitled to
Dependant’s passes unlike foreign wives who are
entitled to such passes
Law Reform (Marriage
and Divorce) Act 1976
It is more difficult for a husband to claim
maintenance from his wife compared to a wife
claiming maintenance from her husband.
Immigration Act 1959 S12: a female holder of a work Pass/Permit is
not entitled to have their husband’s name
endorsed on the permit unlike the male holder
who has the right to endorse his wife’s name on
the Pass/Permit.

22. Forms of Gender Inequality
Rape, Domestic Violence, Sexual Harassment,
Political Participation, Employment…

23. Sexual Violence
against Women;
Rape
• There are 3,000 rape cases reported every year on average in Malaysia
with only two out of 10 cases going to court. This implies that there is one
female being raped every 35 minutes – Yeo Bee Yin, MP
• Approximately 70% of rapes happen in safe places like at home, at school, a
friend’s house – AWAM
• What is rape? s375 of Penal Code
▫ Sex without consent
▫ Statutory Rape - >16 years old, whether with or w/o consent

24. Problems with the law
Marital rape still not recognized, although section 375A states any
husband causing fear of death or hurt to his wife in order to have sex
shall be punished for term which may extend to five years.
Does not cover the category of women who may have 'given consent'
even though they are incapable of understanding the nature and
consequences consent e.g. mentally disabled women.
Definition of Rape: S375 The definition of rape excludes all sexual
assault on a person that do not involve penile penetrationl; Rape with an
object is not considered rape – but rather an “unnatural offence”

25. Man Escapes Rape As He ‘Used Finger’
Bunya Anak Jalong v The Public Prosecutor
Criminal Appeal No. Q-09-212-08/2014; Court of Appeal

26. • Convicted of
all 4 rape
charges
• Punishment
totaled to 42
years in jail, 11
whippings and
RM40,000
Session
Court
Total sentence
REDUCED to
15 years , same
number of
whips and
compensation
High
Court
3-judge panel
unanimously
discharged
and acquitted
him: “Unsafe
to convict”
Court
Of
Appeal

27. Thailand Philippines Cambodia
Rape The Criminal Code Amendment
Act (No.19) B.E. 2550 (2007)
Recognizes marital rape
Anti-Rape Law of 1997
Recognizes marital rape
•Art. 239 Criminal Code of the
Kingdom of Cambodia
•Law on Aggravating
Circumstances of the Felonies
•Law on the Prevention of
Domestic Violence and the
Protection of Victims.
Recognizes marital rape
Probs V is between 13-15, had consensual
intercourse with the offender, and if
can prove that V + O are married, or
court grants marriage, no punishment
If victim subsequently
marries the offender, no
punishment
Recognizes marital rape but it must
include elements of “sexual
aggression” as a form of domestic
violence and incorporating “violent
sex” as an element of
“sexual aggression”.
- No definition of the term “violent
sex” - many Cambodian wives may
not struggle against their husbands
and remain silent whilst being raped,
so hard to prove ‘violence
Stats A total of 3,527 police reports in 2011
[US Department of State human rights
report]
In 2012, 1,030 cases of
rape were reported to the
police, [Philippines
Government ]
20.8% of men admitted having
committed rape of partner, 8.3%
committed non-partner rape in their
lifetime, while 5.2% admitted to
participating in a gang rape [UN
Study

28. Indonesia Singapore Vietnam
Criminal Code (except in
Acheh which adopts Syariah
Law)
The Penal Code Art 111-114 Vietnam Penal
Code
Does not recognize marital rape
The requirement of two
elements of proof (for example
testimony from the victim, the
defendant, or an expert),
Only recognizes non-consensual
sexual intercourse in the case
that the husband and wife are
separated and living apart or if
the wife has a protection order
Considers a women's ability to
defend herself, rather than
whether or not she has given her
consent as the deciding factor in
conviction
Allows the court to hear
evidence of prior sexual conduct
or reputation.
23.5% of men interviewed in
Papua admitted to have
committed rape of a non-partner
[UN survey 2013]
in 2015, on average a rape
occurs every 2 days in
Singapore. – Singaporean police
reports
Unreported

29. Laos Myanmar Brunei
Rape Art.128 Penal Law,
No.04/PO,
Penal Code Article 375 of the Penal
Code
Syariah Penal Code 2013
Probs Does not recognize spousal
rape
Spousal rape is not a
crime unless the wife is
under 14
Does not criminalize marital
rape.
It explicitly states that sexual
intercourse by a man with his
wife, as long as she is not under
13 years of age is not rape.
Stats Unreported 654 rape cases in
Myanmar in 2012, -
police sources
• 2011 – 15 cases
•2010 – 27 cases
•2009 – 31 cases
Brunei police force reports

30. Domestic Violence
• According to WAO’s statistics, it is estimated that
39% of women in Malaysia have experienced
domestic violence.
• However, domestic violence is still often seen as a
private matter that should be ‘worked out’ between
husband and wife
• What are the forms of domestic violence?
 Emotional
 Psychological
 Physical
 Sexual
 Financial abuse

31. While domestic abuse does happen to both men and
women, the number of cases is more rampant for
women…

32. • Laws against Domestic Violence
 Domestic Violence Act 1996 for non-Muslims
 Syariah Law for Muslims
 Criminal Procedure and Penal Code enabled domestic
violence to be classified as ‘criminal behavior’- to ensure universal
applicability to all Malaysians

33. Problems with the laws:
1.
Note: Charges can only be brought against the abuser for crimes
which are defined in the Penal Code, but not all instances of
domestic violence so defined.
2.
S3 of the Domestic Violence Act 1996 states that
“The provisions of this Act shall be read together with the
provisions of the Penal Code”.
Differences in interpretation of the law, the lack of gender
sensitivity of implementing authorities, and the influence of
culture, have all combined to effect the content and
effectiveness of the DVA. – Women’s Aid Organization (WAO)

34. Comparison with other Asean
Countries
Indonesia Philippines Thailand
Domestic
Violence
Elimination of Domestic
Violence law 2004
Anti-Violence against
Women and their
Children Act 2004
Domestic Violence
Victim Protection
Act of B.E. 2550
(2007)
Problem Lengthy and complicated
process
Article 48 of Compilation of
Islamic Law still allows
domestic violence against
wives.
- Implementation of law
proved to be problematic;
Emphasizes and
promotes mediation,
conflict resolution, and
settlement and family
reunification,
Statistic Authorities recorded 11,719
cases of domestic violence in
2013
A 2008 Demographic
Health Survey (DHS)
found that about three in
ten women
A 2012 survey by the
Institute showed
domestic violence in
Thailand increased with
30.8 percent of
households reporting
abuse.

35. DV Laos Singapore Vietnam
Law of Development and
Protection of Women in
2004
The Women’s Charter Law on Domestic
Violence Prevention
and Control
Prob unless the domestic violence
“results in serious impact”, the
victim only has a right to seek
assistance from community
members or village
administrations, rather than
the police:
However, the limited definition
of ‘family member’ has meant
that a single woman cannot file
for a protection order against her
partner who she has been
cohabiting with.
the law to be weak and
that police and legal
systems remain ill-
equipped to deal with
domestic violence cases
Stats In 1000 women, 17% had
experienced physical violence,
35% had experienced mental
violence, and 2% had
experienced sexual violence
from their husbands.
In 2009, 7% of women aged 18
to 69 had experienced physical
violence in their lifetime, and 4%
had experienced sexual violence
[The International Violence
against Women Survey of 2006
]
– 1 in 10 women in Singapore
has experienced physical
violence or abuse by a male.
In 2007, 34% of
Vietnamese women
report experiencing at
least one type of
domestic violence in
their lifetime

36. DV Cambodia Myanmar Brunei
Prevention of Domestic
Violence and the Protection
of Victims
No specific laws,
although Anti-Domestic
Violence Law is being
drafted
There is no specific
domestic violence law,
but arrests have been
made in domestic
violence cases under
the Women and Girls
Protection Act.
Prob Majority of Cambodian women
are unaware of the law
Victims must have extensive
documentation of their injuries
in order to prove their case, and
the costs of medical reports are
prohibitively high for many
No specific laws
protecting women from
domestic violence
(as above)
Stat
s
In 2010, 22% of ever-married
women (aged 15-49) have
experienced physical, emotional,
or sexual violence, most often by
a current or previous husband,
[Demographic and Health
Survey DHS]
One national survey from
2005 found that 69% of
those surveyed had
experienced one or more
incidents of domestic
violence by their intimate
partners in the past 12
months.
•2009 – 119(Wife abuse)
•6(Husband abuse)
•2010 – 117(Wife abuse),
3(Husband Abuse)
•Year 2011 - 85(Wife
Abuse), 2(Husband abuse)

37. Sexual Harassment
• Sexual harassment in the workplace refers to sexual
conduct that is unwanted, unwelcome, or unsolicited. This
includes requests for sexual favours which are
inappropriate and offensive. – WAO
• 10% of the women in Malaysia have suffered from sexual
harassment in the form of threats; and another 10%
experienced it in the form of verbal harassment – The
Malaysian Digest published on 17 November 2014
• Types of harassment :
▫ Verbal
▫ Non-verbal
▫ Visual
▫ Psychological
▫ Physical

38. Laws:
▫ s81A, Employment Act 1955
▫ Code of Practice on the Prevention and Eradication of Sexual
Harassment in the Workplace
▫ Penal Code , s354, s355, s375, s509
 Section 354 assault or use of criminal force to a person with intent to outrage
modesty,
 Section 355 assault or criminal force with intent to dishonour a person,
otherwise than on grave provocation,
 Section 375 rape and
 Section 509 word or gesture intended to insult the modesty of a woman.
Problems:
▫ Too vague, open to abuse for example:
▫ Section 81C(b) provides that where the harasser is not an employee,
the employer shall recommend that the harasser be brought before a
disciplinary authority to which that person is subject. Harasser may
well be a supplier or customer who is not subject to any disciplinary
authority

39. Indonesia Philippines Thailand
Sexual
Harassment
at Work
Criminal Code as
‘indecent public act’
Anti-Sexual
Harassment
Act1995
Labor Protection
Act No.2
Probs Absence of rules and a
clear legal definition of
sexual harassment
the law remains silent
on sexual abuses
committed by co-
workers
does not extend to
cover harassment
among employees of
the same ranking.
law is silent as to what
activity would
constitute sexual
harassment
Stats In 2004, 90% of women
claimed to have been
subjected to some form of
sexual harassment in
the workplace [Indonesian
Ministry of Health}
a total of 150 cases of
sexual harassment have
been recorded between
1994 and 2012, of
which 101 cases were
resolved, while 20 were
referred to the agencies
involved. [Civil Service
Commission]
Unreported

40. Singapore Myanmar Cambodia Vietnam
Protection from
Harassment Act 2014
No specific laws Article 172 of the
Cambodian Labour
Law
Labour Code,
amended in 1 May
2013,
Enforcement concerns - No penalties are
specified
The implementation
of these laws is yet to
be seen.
A 2008 research by
Association of Women for
Action and Research
(AWARE) found that 54%
of the respondents
indicate that they have
experienced workplace
sexual harassment. 79%
of the victims are women;
21% are men.
-Unreported a 2012 study found
that the
predominantly male
power structure in
factories are
conducive to sexual
harassment, with one
in five garment
workers having
experienced sexual
harassment in the
sample surveyed
Unreported

41. Women's Leadership & Political Participation
Only 10 women in the
Malaysian Parliament
as compared to 90
men
10% women in the
House of
Representative;
25% in the Senate
There are only 4
females judges in the
Court of Appeal; and
there are 20 male
judges
There are 6 women in
ministerial positions
as compared to 94
men.
Malaysia is ranked116th
out of 142 countries for
women in parliament,
Women in ministerial
positions 127th

42. Indonesia Vietnam Philippines Singapore
Political
particip
ation
17.86%of the House of
Representatives
27% of the House of
Regional
Representatives
13% of the provincial
houses of
representatives
Only 4 women judges
out of 49 judges the
Supreme Court
and 1 out of 9 in the
Constitutional Court
November 2011,
women held 122 of
500 (24.4%) seats
in national
parliament.
Women’s
representation at
lower levels of
government, such
as in People’s
Councils or at the
provincial or
district level,
reaches between
20% and 24%, but
women only
comprise between 1
and 4% of
leadership positions
Following the 2013
elections, women
make up 27.1% of
The Philippines’s
parliamentarians
and 25% of
Ministerial
positions.
As of 2010, women
make up 21.6% of
Local Government
Units, 24% of
Mayors, and 15% of
Governors
Women make up
24.2% of
parliamentarians
and there were no
female Ministers as
of 2013.
2013 Government
statistics show that
only 2 of the 19
Supreme Court
judges are women

43. Thailand Brunei Myanmar Cambodia Laos
In November
2013, women
held 79 out of
500 seats in
Thailand’s
bicameral
parliament and 9
women in
ministerial
position,
compared to 91
men
On May 2011, the
Sultan appointed the
1st female cabinet
member, Datin
Adina, as deputy
minister of Culture,
Youth and Sports.
The two other
women held
ministerial rank –
the Sultan’s sister,
Princess Masna,
ambassador-at-large
in the Ministry of
Foreign Affairs and
Trade, and Datin
Hayati, appointed in
August 2009, the 1st
female Attorney
General
Women’s political
participation is
restricted.
The Constitution
reserves 25% of
seats in the
legislature as well
as key ministerial
positions to the all-
male military.
Women hold 6%
of parliamentary
seats
In 2014 women
held 20 of 100
seats in national
parliament.
There are 5
women in
ministerial
positions, as
compared to 95
men.
In 2011 national
election, there were
33 women (25%)
in the 132-seat
national assembly
3 female judges on
the 13-member
People’s Supreme
Court.
The 61-seat LPRP
Central Committee
included five women,
one of whom was also
a member of the 11-
member Politburo
and National
Assembly president.
Of 6 ministers in the
Prime Minister’s
Office, 2 were
women. The minister
of labour and social
welfare also was a
woman.

44. Are Women Treated Equally in Workplace?

45. Economic Status of Women
Pay Equality
• Men are being paid more
than women, even by
holding the same job title
• Men were earning up to
8.4% more than women
in the year of 2013 (Source:
National Statistics Department’s
Salaries and Wages Survey
Management
Positions
• About 34% of Malaysian
women hold management
positions, a 5% increase
from the previous year
• However, in terms of
female representations in
boardrooms, there are
less than 10% of them are
in charge (Both studies are
from the 2015 Hays Asia Salary
Guide)

46. Global Gender Gap Report 2014
• Malaysia was ranked 5th for wage equality for similar work, with
the average salaries measured being within 80% of their male
counterparts.
• The estimated earned income for women in Malaysia is only half of
that earned by men, putting Malaysia at 103rd place.
• Women's overall labour force participation is only within 59% of
their male counterparts (47 female vs 79 male), the number of female
legislators, senior officials and managers compared with males is at
0.47:1.
-The Malaysian Insider, published on 29 October 2014

47. Woman wins RM300,000 in landmark case on
discrimination over pregnancy

48. Former employees of Guppy Plastic Industries (2012)
• Employee handbook - retirement age of 50 for female employees and 55 for
male employees.
• CA - The Industrial Court had failed to consider whether it was “fair and
reasonable” for Guppy Plastic to “adapt to industry norms for the retirement
ages of male and female employees as implemented by other companies”.
• FC - Minimum Retirement Age Act 2012 passed – 60 for private sector
employees

49. Myanmar Vietnam Lao PD Indonesia Philippines
• While women comprise
about half of all staff in
state administrative
organizations and
ministries, they are
concentrated in lower level
positions. In 2009-2010,
women occupied 36% of
senior level posts. (Source:
United Nations
Development Programme)
• Disparities in wages also
exist between men and
women (Source: United
Nations Development
Programme)
• Despite women having a
high participation rate of
female over 15 being 72.6%
in 2011, women continue to
earn less than men across
economic sectors with a
differential wage gap of
around 80% to 87% of
men. (Source: General
Statistics Officer (2012),
Report on the 2011
Vietnam Labour Force
Survey, Hanoi)
• Given their central role in
food collection and
management, women’s
ability to obtain non-
agricultural employment is
severely hampered by their
low levels of education.
Lack of livelihood
opportunities is pushing a
greater numbers of
women, especially
younger, rural women,
outside the country in
search of work,
constituting some 70% of
the country’s migrants,
with many who migrate via
informal or illegal channels
being unaccounted for.
(Source: UN WOMEN:
United Nations Entity for
Gender Equality and the
Empowerment of Women)
• Women workers continue
to be concentrated in the
informal economy,
particularly women
homeworkers and home-
based women workers in
micro small enterprises
where wages, working
conditions and job security
are typically poorer.
Approximately 1/3 of
working women are also
engaged in unpaid work.
(Source: ILO news –
Promoting women’s access
to decent work and
equality in employment in
Indonesia)
• Preliminary results of the
October 2013 Labor Force
Survey 2013 (LFS) showed
the Labor Force
Participation Rate (LFPR)
for females at 49.8%.
Contrary to standard, not
all employed women and
men are paid. In fact, a
considerable number are
unpaid family workers with
56.7% of them were
women while only 43.3% of
them were men in October
2010. (Source: Philippine
Commission on Women)
Law: None • Law: No definition of
discrimination but the
Myanmar Constitution
confers equal rights to all
citizens.
• Labour Code (amended)
2012, the State’s policies
on labour is to ensure
gender equality principles;
to stipulate labour regimes
and social policies for
protection of female
employees
Law: No definition of
discrimination. But
paragraph 2, Article 3 of
the Labour Law (amended)
2006 states “labour shall
ensure mutual benefits
among workers and
employers without
discrimination on the
bases of race, sex, political
opinion and social-
economic status”
• Manpower Act 2003:
Women in Indonesia who
work are entitled to 3
months paid maternity
leave. Pregnant and
nursing women receive
special protections against
dangerous work, and they
cannot be discriminated
against or fired without
cause unrelated to their
pregnancy (
• Labor Code, Article 137:
Prohibits discrimination
against any women
employee
• Republic Act No.8282
Social Security Act of 1997,
Section 14A: Women are
entitled to 60 days paid
maternity leave

50. Singapore Brunei Darussalam Thailand Cambodia
• 74.3 women are in workforce for
every 100 men with women more
likely than men to be in regular
employment, with 109.8 women for
every 100 men in regular job.
(Source: Mastercard Index of
Women’s Advancement)
• In the 2014 Labour Force
Statistics, women earn less than
men in all occupational categories
except clerical and support. In most
categories, this differential is more
than 10%.
• According to BoardAgender, in
Singapore in 2013, only 8.3% of
SGX-listed companies have women
on their boards.
• The participation rate of women
in the work force is 62.9% in 2014.
(Source: UN Women)
• As of 2011, almost a third of
women in the labor force were
unpaid family workers, in contrast
to 16% of men. Out of the total
female labor force, 50.78% are
engaged in the informal sector
(Source: National Statistical Office
2011)
• Cambodia has a very high
percentage of women in the
workforce. Around 72% of young
females are in employment in
Cambodia (World Bank Indicators).
• On average, women are paid 30%
less than a man does for the same
job in Cambodia (Global Gender
Gap 2013)
• The Employment Act (Offers
protection from the dismissal of
pregnant women, 16 weeks of paid
maternity leave paid at 66% of
wages)
• Employment Order 2009
(contains maternity benefits)
• Workplace Safety and Health
Order 2009
• The Maternity Leave Regulation
2011 (105 days of paid maternity
leave for all women employees)
• In Article 186 of Labour Code
1997, managers of enterprises
employing a minimum of one
hundred women or girls shall set
up, within their establishments or
nearby, a nursing room and a
daycare centre. If not able to set up
daycare centre for children over
eighteen months of age, female
workers can place their children in
any daycare centres and the
charges shall be paid by the
employer.
• Under S38 of the Labour
Protection Act 1998, an employer is
prohibited from requiring a female
employee to perform certain work
(Ie. Underground/underwater
mining/construction work, work on
scaffolding which is 10 meters or
more above ground,
production/transportation of
explosives or inflammable
materials)

51. Common problems found regarding gender
equality among ASEAN countries
Number of female in tertiary education does not
commensurate with the number of females in
the work force
Despite numbers increasing, there are still not
enough women decision makers in all ASEAN
countries.
In most ASEAN countries, domestic violence is
often viewed as a private family matter,
something which the society should not
interfere.

52. Legislation and policies that guarantees gender equality and eliminates gender
discrimination
Counter gender stereotypes and common discriminatory gender norms since
young
Create awareness: through social media (Ie. HeForShe campaign by United
Nation)
Make the value of gender diversity visible in workplaces and in the terms of
political participation.
Provide information and education about discrimination or right

53. Thank You
perlembagaanku@gmail.com