A/HRC/44/40/Add.3
•
The EPO can be issued within two hours after an application is heard by a welfare
officer. Victims don’t need a police report or a court hearing to obtain the EPO, which is
valid for seven days.
•
The EPO prohibits the abuser from harming the victim or inciting third parties to
harass and harm the victim. It also prohibits a perpetrator from coming near the victim or in
the vicinity of her safe space or shelter where she is seeking refuge.
•
An EPO can be applied before obtaining an Interim Protection Order (IPO) or
Protection Order (PO).
•
The victim who need protection shall request to the Department of Social Welfare
District Office for the temporary shelter at the safe place under the Department of Social
Welfare and NGO.
•
As for the legal aid, the Legal Aid Department (LAD) is a Government department
that provides legal aid services to eligible person in accordance with the Legal Aid Act 1971.
Government aims to provide legal services to the public at a lower fee as an alternative to
services offered by private lawyers.
•
LAD’s jurisdiction extends to matters as follows:-
(i)
Legal advice in all legal matters;
(ii)
Legal aid in proceeding matters (litigation) as below:-
(iii)
Criminal matters;
(iv)
Various type of civil matters;
(v)
Civil family matters; and
(vi)
Syariah family matter.
(vii)
Mediation for Syariah and Civil cases; and
(viii) Legal companion services
Paragraph 70
LGBTQI people are overrepresented among people in poverty as a result of persistent
stigmatization and discrimination. Research in Selangor and Kuala Lumpur shows that
transgender people face considerable challenges in accessing basic services like healthcare
and education, and experience employment discrimination that could have long-term
socioeconomic implications.
Comments from the Government of Malaysia:
•
Malaysia provides access to basic free education for all and do not discriminate
children from different races, religion, gender and socio-economic background.
Refugees
Paragraph 71
Malaysia ensures that refugees and asylum seekers exist in extremely precarious conditions
that all but guarantee they will fall into poverty. The UN High Commissioner for Refugees
(UNHCR) registers refugees, but that does not give them legal status in the country, and they
are typically unable to work, travel, or enroll in government schools. They are generally
obliged to resort to the informal sector for both work and education. According to UNHCR,
only 40 percent of the 33,024 school age refugees and asylum-seekers are enrolled in
informal learning centers, from which, in any event, they do not receive certificates. There is
little opportunity for refugee children to access secondary education and only a handful of
refugees gain entry to universities. The lack of status or work authorization places refugees
at risk of arrest, and according to UNHCR, 3,539 persons of concern were detained in 2018,
and 103 children were detained between January and June 2019.
Comments from the Government of Malaysia:
36
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