• Introduction
• Malaysia’s Federal Constitution and Disability Rights
• Key Policies and Lawstions
• Important Organisations
• International Agreements
• Next Steps Towards an Inclusive Society

This guide is tailored for autistic adults, parents, caregivers and other allies in Malaysia, providing a simplified overview to the policy and legislation needed to support and advocate for individuals with autism.

For individuals with autism, registering as Orang Kurang Upaya (OKU) under the Ministry of Women, Family, and Community Development (KPWKM) opens up access to a range of benefits and assistance schemes. This registration may also help secure necessary adjustments at school and in the workplace.

However, Article 8(2) is silent on disability. Unlike gender, which was included when Malaysia ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), disability remains excluded. This means that people with disabilities (PWD) do not have explicit protection against discrimination under this article due to Malaysia’s legal system

Persons with Disabilities Act 2008

Malaysia enacted the Persons with Disabilities (PWD) Act in 2008 for the registration, protection, rehabilitation,
development and wellbeing of PWDs. This law ensures that PWDs have equal access to:

• Public facilities, amenities, services, buildings, and transport
• All levels of education
• Fair employment and healthy working conditions
• Information, communication, and technology
• Cultural materials, media, art performances, and related sites
• Recreational, leisure, and sporting activities
• Essential healthcare services, including gender-sensitive habilitation, and rehabilitation services
• In-home, residential and other community support services
• Assistance during emergencies, like natural disasters and armed conflict

With regards to individuals with autism, the law requires the government and service providers to:

• Follow universal design principles
• Provide reasonable and suitable accommodations
• Ensure access to general education and all levels of schooling
• Provide support for learning communication methods such as Augmentative and Alternative Communication (AAC)
• Ensure access to recreational, sporting, and leisure activities
• Support safe and fair employment opportunities

Other Important Policies and Laws that Impact Individuals with Autism

Education

• Education (Special Education) Regulations 2013 (Peraturan-Peraturan Pendidikan [Pendidikan Khas] 2013) (Available in both BM and English)
• Ministry of Education, Malaysia. Malaysian Education Blueprint 2013-2025 (English) | Pelan Pembangunan Pendidikan 2013-2025 (BM)

Employment

• Pekeliling Pencapaian Dasar Satu Peratus Peluang Pekerjaan Dalam Perkhidmatan Awam Kepada Orang Kurang Upaya (Circular on Achieving 1% Employment in Civil Service Sector for Persons with Disabilities)
• Amendments to the Employment Act 1955
• WAO. Employment Act Amendments – Progress but Gaps Remain. – Highlights the lack of discrimination protections for PWD in employment and pre-employment.
• UNDP Malaysia. “Improving People with Disabilities’ Access to the Open Labour Market with Enhanced Social Protection” Project 2024.

Others

• Ministry of Women, Family, and Community Development (KPWKM). Pelan Tindakan OKU 2016 – 2022. (Only available in BM)
• Mental Health Act 2001 (Act 615) (English) | Akta Kesihatan Mental 2001 (BM)
• Disabled Development Department (JPPWD), Department of Social Welfare (JKM). Community-Based Rehabilitation Program (CBR)

Ministry of Women, Family, and Community Development (KPWKM)

The Ministry of Women, Family, and Community Development (KPWKM) in Malaysia ensures support for people with disabilities and their caregivers by creating policies for financial aid, job training, and other services. They are also responsible for promoting inclusivity and awareness of disabilities in society.

Within the Ministry, the Department of Social Welfare (JKM) and specifically, the Disabled Development Department (JPPWD) is responsible for implementing policies and programs that support PWDs and their caregivers. This includes monitoring and evaluating the implementation of national action plans such as the Persons with Disabilities Action Plan 2016-2022 (Pelan Tindakan Orang Kurang Upaya 2016-2022). Additionally, the JJPWD has also implemented the Community-Based Rehabilitation (CBR) programme, which focuses on the rehabilitation, training, education and social integration of PWDs which relies on the collaborative efforts of disabled individuals, families, communities and various services. The CBR programme is carried out nationwide with active community participation.

National Council for Persons with Disabilities

• Advise the government on all aspects of disability laws and policies
• Oversee and coordinate national policies and plans for PWD
• Monitor and evaluate the impact of these policies
• Manage the registration of PWD and issue Kad OKU
• Develop education and awareness programs
• Foster and promote respect for the rights and dignity of PWD
• Promote recognition of the skills and contributions of PWD in the workplace
• Collect data and conduct research on disability issues
• Promote training and employment opportunities for PWD

United Nations Convention on the Rights of Persons with Disabilities (CRPD)

As of May 6, 2022, 186 countries have ratified the CRPD, and 100 of these countries have also ratified its Optional Protocol, which was adopted on December 13, 2006.

Scope of the CRPD

The CRPD contains 50 Articles that address a range of important topics related to daily life, including:

• Article 5. Equality and Non-Discrimination: This article addresses the principle of equal treatment and protection from discrimination for all individuals. It includes provisions for making reasonable accommodations when needed. Article 9. Accessibility: This article is about ensuring PWDs equal access to the physical environment, transportation, information and communications, and other public facilities and services. Article 12. Equal Recognition Before The Law: This article is about ensuring PWDs have the right to legal recognition and capacity on an equal basis with others. This is about being treated equally by the law.
• Article 19. Living Independently and Being Included in The Community: This article is about ensuring PWDs can live in and be part of their community, and have the same choices as everyone else about where they live and who they live with. This includes making sure that the right services are available in the community to make this possible.
• Article 24. Education: This is about ensuring that children with disabilities can have a high-quality education that helps them to reach their potential, in the same way as all other children.
• Article 25. Health: This article is about ensuring PWDs have the right to the highest attainable standard of health without discrimination with equal access to health services.
• Article 26. Habilitation and Rehabilitation: This is about ensuring that PWDs can receive effective habilitation and rehabilitation services to achieve maximum independence and full participation in all aspects of life. Article 27. Work and Employment: This is about guaranteeing PWDs to work on an equal basis with others by ensuring inclusive and accessible workplaces, prohibiting discrimination, providing fair working conditions, and offering support for career advancement.
• Article 28. Adequate Standard of Living and Social Protection: This is about ensuring that PWDs have a decent standard of living, including food, clothing and housing, and can get help to avoid poverty and improve their standard of living on an equal basis with others.

The convention also emphasises that children with disabilities have the same rights as other children. They should not be separated from their parents unless it is necessary for the child’s best interest. A child should never be separated from their parents solely due to a disability

Malaysia and the UNCRPD

Malaysia signed the UNCRPD on 8th April 2008, and subsequently ratified it on 19thJuly 2010, with reservations (exceptions) concerning:

• Article 15: Freedom from torture or cruel, inhuman, or degrading treatment.
• Article 18: Liberty of movement and nationality.

Malaysia has not signed the 2006 CRPD Optional Protocol. Malaysia has also issued special statements regarding Articles 3, 5, and 30, which have affected the application of the convention’s principles in the country. These exceptions and statements have complicated the full implementation of the UNCRPD in Malaysia. Malaysia has promised to report to the UNCRPD committee but has not yet taken significant steps to work with civil society organisations or community members on this matter. As of August 2024, 14 years have passed since Malaysia ratified the UNCRPD, yet the country has not updated its laws to align with the convention. Updating domestic laws to align with the UNCRPD is essential to protect the rights of persons with disabilities in all aspects of life and to shield them from discrimination, harassment, and marginalisation. They face marginalisation in various areas, including education, employment, healthcare, access to goods and services (including financial products), housing, public transportation, digital accessibility and communications, and sports.

For more information about what this means, please refer to the resources at the end of this section.

For individuals with autism, this means having the right to:

• Reasonable adjustments at school and in the workplace
• Fair employment opportunities
• Access to public spaces
• Equal treatment within the justice system

One criticism of the PWD Act 2008 is that, while it promotes the protection of rights for PWDs, it lacks specific penalties for discrimination or obstruction of these rights. Addressing this gap is essential to ensure effective accountability and enforcement. PWDs and their allies are advocating for:

• Amendments to the PWD Act 2008
• Amendments to Article 8(2) of the Federal Constitution
• Updates to domestic laws to align with the UNCRPD
• A full audit of the implementation of PTOKU 2016-2022, to be tabled in Parliament

These measures are essential to build a truly inclusive society that respects and values the contributions of all its members. For more information on the recommended amendments to existing laws and policies relating to PWDs, please see the OKU Rights Matter page on Policy and Legislation: Malaysia.