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The Convention

The above Convention was adopted on 13 December 2006 during the sixty-first session of the General Assembly by resolution A/RES/61/106.  In accordance with its article 42, the Convention shall be open for signature by all States and by regional integration organizations at United Nations Headquarters in New York as of 30 March 2007.

Malaysia became a signatory on 08 April 2008, which was ratified by Malaysia 19 April 2010

Malaysian Declaration

Declaration:

       “Malaysia acknowledges that the principles of non-discrimination and equality of opportunity as provided in articles 3 (b), 3 (e) and 5 (2) of the said Convention are vital in ensuring full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity, which shall be applied and interpreted on the basis of disability and on equal basis with others.  Malaysia declares that its application and interpretation of the Federal Constitution of Malaysia pertaining to the principles of non-discrimination and equality of opportunity shall not be treated as contravening articles 3 (b), 3 (e) and 5 (2) of the said Convention.
       Malaysia recognizes the participation of persons with disabilities in cultural life, recreation and leisure as provided in article 30 of the said Convention and interprets that the recognition is a matter for national legislation.”

Reservation:

       “The Government of Malaysia ratifies the said Convention subject to the reservation that it does not consider itself bound by articles 15 and 18 of the said Convention.”

 

See: Convention on the rights of Persons with Disabilities - Articles 

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By-laws 34A of the Uniform Building Bylaws (UBBL)

In Malaysia, it is mandatory that all public buildings must provide facilities for disabled persons.  In Sep. 20th 1990, an amendment was made to the Uniform Building Bylaws (UBBL) at the 35th National Council of Local Government (NCLG).

The amendment, namely 34A in UBBL, makes it compulsory for buildings to provide access to enable disabled persons to get into, out of and within the buildings.  Buildings already built before the commencement of this by-law must be altered to comply with the by-law within 3 years from the date of commencement.

Under National Constitution article 95A, the provision of NCLG is binding on all state governments.  By-law 34A of the UBBL was gazetted in the State of Penang on Nov. 11th 1993. (State Gazette No. Pg. P.U 26).