Empowering women in pioneer legal symposium

Four hundred eager women gathered at a pioneer Legal Symposium on women’s empowerment.

Sep 04, 2014

By Veronica M. Loo
Four hundred eager women gathered at a pioneer Legal Symposium on women’s empowerment.

This was jointly organised by the Catholic Lawyers Society and Women’s Desk (AOHD). ONE WOMAN per BEC of the 28 parishes of the Archdiocese of Kuala Lumpur were challenged to become empowered women to face the current issues of our modern society.

They were encouraged to take Social and Preventive Action in accordance with Catholic Social Teaching at the Premiere Hotel, Bukit Tinggi, on Aug 23 from 8.30am to 4.00pm. The event commenced with the Mass celebrated by Fr Jestus Pereira, Ecclesiastical Assistant to the Catholic Lawyers’ Society, Kuala Lumpur. “The Glory of God is not only in the temple,” said Fr Jestus, “but in our hearts. He invites us to focus our attention on Him and to look into our lives and motives for the things we do.” His message struck a chord in the hearts of the eager listeners.

Am I A Malaysian?
Viola Decruz, President of the Catholic Lawyers’ Society Kuala Lumpur engaged participants with her presentation on Am I a Malaysian by Law?, moderated by Datin Shashi Peters. Citing many real cases, she drove home the message that marriage to a foreigner/non Malaysian can be fraught with legal implications and complications when not registered in a Malaysian Embassy overseas within six months and subsequently on returning to Malaysia as well! She also touched on issues of visas for a foreign spouse, freedom of religion, status of illegitimate and abandoned children and adoption. “Since 1982, all marriages must be registered with the National Registration Department,” she stressed. “This has legal implications for the woman in case of divorce or if the husband dies.” Viola also highlighted the importance of registering the birth of a child and registration of a death especially if the departed has property.

Mixed Marriages
In Session 2, Fr Jestus affirmed that ‘Mixed Marriages’ in the Catholic Church refers to Faith and Religion and not ethnic identity. He then went on to elaborate on the reasons why mixed marriages are not encouraged:

--tension caused by different belief systems coming into the new family
-- difficulty in the upbringing of the children with no religious formation
-- unity of the couple may be jeopardised Francis Pereira spoke on Family Law in Malaysia which encompasses marriage, divorce and child custody and maintenance. Some important laws which affect non-Muslim couples are
-- Law Reform Marriage and Divorce Act of 1976’,
--Married Women and Children’s (Maintenance) Act 1950 ,
-- ‘Domestic Violence Act 1994‘.

The questions raised during the Q and A moderated by Allen Miranda, revealed the many pressing problems and crucial issues faced by women, which needed answers and clear solutions.

Employment Law in Malaysia
Then, participants were drawn into another practical session on Employment Law in Malaysia. Joseph Lourdesamy enlightened the participants on Employee Rights, General Employment matters, the Industrial Relations Act 1967 . “Do not put anything in writing until you are certain,” he advised, “Those words can be used to justify your termination. Always consult a lawyer first!”

Petrina Tan’s talk on ‘Property Transaction in Malaysia’ urged listeners ( the buyers and sellers) to be aware of the two kinds of Sales and Purchase Agreements, the need to check the track record of the developer, the authenticity of the owner or agent, the financial standing of the buyer and many other valuable tips.

The next Q and A session was manned by the team of seven lawyers and moderated by Eugene Roy and addressed issues like the

-- importance of making a will and having at least two executors
-- marriage between a Muslim person and a non Muslim foreigner
-- dual citizenship l Allah issue which originated in 1981/82 but was not cast in law. (Hence the current consequences!)
-- Issues of employment and dismissal
-- problems in Property transactions

Migrants
Joachim Xavier then spoke on migrants in the afternoon session. Participants learned that there are five types of migrants :

--migrant workers (with work permit)
-- refugees(no work permit)
--trafficked persons
--stateless persons
--foreign spouse

He went on to elaborate on the challenges faced by the two million migrant workers in Malaysia: dangerous working environment, agents who cheat workers, arbitrary arrest and abuse, physical and mental torture, healthcare access issues, curbing of right to legal address. Joachim’s impassioned presentation concluded with an exhortation to meet the pastoral and welfare needs of the migrants, consciencentise parishioners and remove the veil of prejudice when dealing with migrants.

Domestic Violence
Fittingly, the final presentation was by Raymond Jagan from the Department of Social Welfare. He addressed the volatile but relevant issue of Domestic Violence, which cuts across class, status and income levels. “The victims, usually the woman and the children, are impacted and will need protection,” he said. According to the law, Domestic Violence encompasses:
-- causing physical injury l placing the victim in fear of physical injury
-- forcing the victim to do something against her will
-- confining the victim in room or house l damage to property
-- causing psychological and emotional abuse
-- causing the victim to suffer delusions by forced use of intoxicating substances

According to Raymond, other forms of abuse are social isolation, financial abuse, deprivation of basic needs, spiritual deprivation, verbal abuse, passive abuse, pet abuse, victimisation, threatening loss of child custody, threatening suicide, elder abuse, causing mental illness to victims and suicide. The participants were further enlightened on the startling facts about Pathological Jealousy (which borders on mental disorder) and causes the husband to threaten to kill the wife, Stalking, Abuser Psychology, Victim Psychology.

“When women and children are defenceless, it is imperative that frontline social workers, (and In Women’s Desk!) LISTEN and impart that medical aid and counselling are available,” declared Raymond. He clarified the difference between an Interim Protection Order and a Protection Order. Once informed about the options available, women can make informed decisions. Family support is important but lawyers must also “be ready to advocate for these clients.” In closing, the speaker pointed out the urgency of Safety Planning because Domestic Violence often leads to homicides. In 75 per cent of the cases, the women are killed when they take their things and leave. Karen Tai from the Pusat Kebajikan Good Shepherd moderated the Q & A session.

This symposium was supported by the generosity of the Pusat Kebajikan Good Shepherd (PKGS) and the Bar Council Legal Aid Centre (KL) who set up exhibition booths where participants could avail themselves of information and obtain guidelines.

In his parting words at the close of the breakthrough Legal Symposium, Archbishop- Elect, Julian Leow, urged the participants to ACT on the wealth of information received. “Give help when you can. Not helping is not an option for us.”

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