Author: AWARE Media

Support for single parents will strengthen our society

motherBy Teo You Yenn

The differential treatment of parents based on their marital status has once more come under the spotlight. In response to parliamentary discussions, two Cabinet Ministers have recently reiterated that the state’s approach—of providing more benefits to married than unmarried parents—is justified by “societal norms”. But the negative impact of this discrimination on social belonging deserves more scrutiny.

Caregiving is tough work. People whose lives involve significant everyday childcare will understand that it is difficult to raise children in the best of circumstances. Those who have to do it alone—occasionally or for extended periods—know that though it is potentially rewarding, it is also work that can be immensely lonely and stressful.

Sociologists and psychologists have documented the multiple ways in which people with young children experience stress. Studies also illuminate the particular challenges of raising children as single parents.

It should be obvious that—in comparison to those who have the support of another adult in the household—single parents and their children are likely to require more of our support, rather than less.

Yet, puzzlingly, rather than receiving additional support to meet these challenges, single parents in Singapore face discrimination in ways that have significant negative impact on their ability to meet needs. Single mothers have access to significantly less paid maternity leave (and no access at all to public support of paid leave since employers alone bear the cost); no access to Baby Bonuses, including the co-savings component known as the Child Development Account; and less access to various tax reliefs.

While these differentiations are defended as necessary to support childraising in the context of marriage, it is unclear how excluding single parents and their children fosters a more positive environment for those in marriages.

This is not a narrow issue concerning just a minority. The differential and inferior level of public support for single parents is something everyone in Singapore should care about and speak up against. Two reasons stand out.

First, all children grow up to be members of our society. Their wellbeing or lack thereof has long-term consequences for us all. This is the rationale underlying social support for parents, and educational opportunities for all children. Absent of this principle, people who are not parents should revolt at this way of spending their tax dollars. In other words, what is at stake when we support children is the greater societal good, and not just individual interests and wellbeing.

A society that aspires to be inclusive and meritocratic should strive to ensure that all children begin with the same level of social support and opportunities. In the early years of a person’s life, this support is necessarily about supporting his or her parents and caregivers.

Precisely because we value all future members of society, regardless of the circumstances of their birth, we must ensure that children of single parents—raising them under more difficult conditions—are protected and enabled in ways that allow them to thrive in and eventually contribute to our society in ways no different from children of two-parent families.

This is sensible from the point of view of the future of Singapore society. Moreover, given our espousal of the principles of inclusivity, meritocracy and equal opportunity, this tangible support is an important example of walking the talk.

Second, public policies that differentiate and discriminate show us that our membership in this society, and the support we should expect from it, is not based on a recognition of our equal fundamental humanity, but rather conditional on our “good” behavior—and thus, ultimately, tenuous.

This is the sort of relationship we might expect to have with our employers—where we do certain jobs in return for specified pay. In the event that either side fails to do their part in the exchange, there is exit. Neither owes the other anything.

Countries are not corporations, and citizenship is not salary.

To build a society that lives up to the founding ideals of one united people—in the words of the pledge, a democratic society built on justice and equality—we need to cultivate relationships of mutual obligations between state and society, as well as among all members of society.

This requires policies that allow us to experience that we are all worthy of support and obligated to contribute—no matter our individual circumstances and how they may change over time, and despite diversity in our viewpoints and practices.

Everyone should feel valued and supported by society, in good times and bad. Public policies that differentiate and divide, that send the signal that our membership is conditional and can be revoked, hurt us all.

This year, as we celebrate 50 years of being a nation, we should strive to be a society that values all its members. We need to scrutinize our public policies and rethink how they can bring value not only to us as individuals, but how they might foster an environment in which we appreciate our mutual obligations to one another.

 

Teo You Yenn is a board member at the Association of Women for Action and Research (AWARE), Associate Professor in Sociology at the Nanyang Technological University, and author of the book Neoliberal Morality in Singapore: How family policies make state and society (Routledge, 2011).

Time for anti-discrimination law

inclusive communityIt may be timely to consider enacting a comprehensive anti-discrimination law to guide employers’ conduct in hiring, promotion and other employment matters.

In Singapore, there is widespread agreement on the principle that opportunities for work and advancement should be equally available to all, regardless of race, religion, age, gender, sexual orientation, marital status, disability or other aspects of identity or background.

Yet practice does not always live up to this aspiration.  The recent incident involving a yoghurt chain, which is said to have turned a candidate away on the irrelevant basis of language, is not an isolated case.  It is common to see recruitment notices specifying unnecessary language requirements or even an outright preference for particular demographic groups.

The Association of Women for Action and Research (AWARE) regularly receives calls on our helpline regarding workplace gender discrimination.  Many involve discrimination against pregnant women.  The Employment Act offers some protection, but its coverage is limited.  For instance, women have no recourse if, despite satisfactory performance, they receive notice of termination immediately after their maternity leave.

Other evidence corroborates our experience.  In 2013, the then Acting Manpower Minister stated that 70 per cent of its unfair dismissal complaints from women in the preceding five years related to pregnancy.

The Disabled People’s Association have called for legal protection for the rights of disabled people (“Introduce laws to protect rights of disabled people”), emphasising that public education campaigns alone will not achieve inclusion.

While the Tripartite Alliance for Fair Employment Practices (TAFEP) can initiate mediation, employees and job-seekers would have more certainty about their position and remedies, and employers would have more incentive to behave fairly to begin with, if there existed a clear, binding legal obligation not to discriminate.

In a 2010 survey of lesbian, bisexual and transgender women by Sayoni, 85 per cent of respondents reported workplace discrimination due to sexual orientation and gender identity.  Sayoni notes that TAFEP does not “explicitly acknowledge and discourage” these forms of discrimination.

Workers should not have to hope for an online post to go viral in order for fairness to be proactively enforced.

The government has taken a more interventionist approach in “naming and shaming” firms believed to have discriminated on the grounds of nationality.  Clearly, fairness cannot be left solely to the private market.  This recognition should extend to all forms of discrimination and constitute a fundamental legal principle in employment.

An edited version of this letter was published in the Straits Times Forum on 3 February 2015.

Who cares for the caregivers? Recommendations for the national Budget

budget 2015On 29 January, AWARE submitted its fifth annual set of recommendations for the national Budget through the public consultation portal REACH. This year, AWARE urges the Government to develop a caregiving infrastructure that provides adequate care of the elderly, children and disabled people, rather than expect women to provide care by leaving the workforce. Initiatives to encourage women to return to the workforce are largely in the form of skills training or upgrading. These do not address the key question of whether there are alternatives that adequately replace the care provided by women as unpaid family caregivers.

“We cannot leave caregiving as a problem for individual families to solve by making personal sacrifices,” said Dr. Vivienne Wee, Research & Advocacy Director of AWARE. “Care should be a public good available to all in need. This will enable women caregivers who have left paid employment to return to the workforce, assured that family members are well cared for by professional caregivers without the family becoming financially stressed. Women who leave paid employment become dependents themselves, with insufficient funds for their health care or old age.”

According to the Ministry of Manpower’s Labour Force in Singapore 2013, almost half of the 690,000 women who are outside the labour force stated that they had dropped out of the formal workforce because of family responsibilities, including caregiving. The financial vulnerability of these unpaid caregivers is a serious concern.

Care of the elderly

Our current dependency ratio of 6.3 working-age citizens supporting each citizen aged 65 and above will shrink to 2.1 by 2030. To prepare for this situation, our key recommendations are:

  • Review Eldershield. The current programme is too limited in terms of the payout (typically less than half of monthly hospital bills) and period of coverage (72 months, which does not allow for long-term care). In 2013, the Ministry of Health announced an intention to review Eldershield, but this has not yet taken place.
  • Increase subsidies to meet the full cost of care. At the moment, co-payment is always required, which renders care too expensive for many to access.
  • Provide “person-centric” funding independent of the identity of the care provider. A caregivers’ allowance should be provided, including to a caregiver based in the home of the person being cared for. This can come in tandem with quality and training standards.
  • Legislate eldercare leave. Public bodies, such as the Health Promotion Board, have provided employees with eldercare leave since 2014. Legislation is needed to ensure that every employee have eldercare leave to care for family members.
  • Provide a basic pension. CPF is relevant only for those who are employed. Women who have left paid employment due to caregiving responsibilities will have insufficient savings. The spouse who is the sole source of financial support for a family is unlikely to have enough retirement savings for the couple. This is particularly so since only 48.7% of active CPF members are able to meet the minimum sum, and that includes people whose property has been pledged to meet this sum.

Care of children

  • Childcare should be publicly funded and available to all children equally. Caregiving must be supported to enable mothers who drop out of paid employment to re-enter the workforce.
  • Give every child an equal chance. Unmarried mothers and married mothers who are not in paid employment should have access to child and infant care subsidies. Without these subsidies, their children are disadvantaged from the earliest possible age.
  • Abolish subsidies given as tax relief. As only one-third of wage earners pay income tax, the majority of parents are excluded from subsidies given in the form of income tax relief.
  • Invest in childcare and early childhood education, not subsidies for births.
  • Fully support childcare as a shared responsibility between parents. Paternity leave and childcare subsidies for caregiving fathers should be increased.

Care of disabled people

There are very limited subsidies for disabled people. The Interim Disability Assistance Programme for the Elderly (IDAPE), for instance, is not available to those below 65, and is limited only to a maximum of $250 a month for 72 months. This does not meet the needs of disabled people.

Means testing

Means testing should be applied only to individual applicants for public assistance, not the entire household where the applicant lives. The Legal Aid Bureau of the Ministry of Law is already using a fairer method of means testing only individual applicants, taking into consideration some disposable income and disposable capital. In contrast, vulnerable people in need of assistance are means tested by MSF and MOH in terms of gross household income, prior to deductions and fixed expenses of household members – a method which leads to having higher incomes stated that often exceeds the threshold for financial assistance schemes. This method excludes many who need assistance.

Exclusion is further exacerbated by the assumption that simply by residing in a household where per capita household income is above $2600 or where the Annual Value of the residence exceeds $13,000, a vulnerable person would be adequately cared for, with no investigation of whether other members of household are contributing to the care of the individual applicant or whether the Annual Value of the residence is used to provide financial support for caregiving.

Read the full text of AWARE’s Budget 2015 Recommendations here. AWARE has made recommendations to Singapore’s National Budgets since 2011, advocating for equitable allocation of resources to meet the needs of vulnerable groups. Our recommendations for Budget 2014 are here

Address the needs of all in caregiving

By Goh Li Sian, Research and Advocacy Coordinator, AWARE

455-old-lady-yaanAs Singapore’s population ages, more carers will be required to fulfil eldercare needs.

While volunteers have a role and their efforts are welcome, we would caution against relying on volunteering as a primary source of eldercare. (“More work needed to get more volunteers to help seniors”; Jan 16)

Such an approach would be neither sustainable nor fair. Caregiving is work, requiring physical and mental effort; it is often demanding in terms of skill, resourcefulness and resilience. Carers work long hours, potentially around the clock.

Society must recognise that eldercare has real economic value. Nearly everyone is connected to or responsible for dependent family members in some way. Without the labour provided by carers, no other economic activity is possible. Traditionally, this value has been overlooked because of the perception that domestic labour is exclusively women’s work and should be performed by female family members without compensation, which has repercussions for women’s economic security.

The Manpower Ministry report Labour Force In Singapore 2013 stated that 45 per cent of economically inactive women had dropped out of the formal workforce because of family responsibilities, such as housework and caregiving.

Leaving paid employment has an impact on carers’ retirement adequacy: They cannot accumulate enough in their Central Provident Fund to sustain themselves and finance their healthcare needs.

This may lead to greater strains on the eldercare system, when today’s uncompensated carers are tomorrow’s financially inadequate elderly.

In last year’s public consultations for the Budget, the Association of Women for Action and Research recommended that policies shift towards the provision of caregiving services as a public good, just as other public goods are made available to all.

Significant investments should be made for the care of children, the elderly and people with disabilities. The inclusive society we want must provide adequate care for all.

Caregiving is too important to leave to private market mechanisms that cater for those who can afford it, while those who cannot are relegated to volunteers on an ad hoc basis.

This letter was first published in TODAY on 23 January 2015.

Discussing Budget recommendations at the Pre-Budget Forum

budgetOn 24 January, 20 people attended AWARE’s Pre-Budget Forum presenting our recommendations for the Singapore Budget 2015.

AWARE has been submitting recommendations for the Budget for the past five years. This year, our focus is on the need to create a caring economy which recognises and compensates caregivers and which promotes care provision as a public good.

Dr Vivienne Wee, AWARE’s Reserarch and Advocacy Direction, and Yeoh Lam Keong, former Managing Director at GIC Singapore and current adjunct professor at the Lee Kuan Yew School of Public Policy, spoke at this forum.

AWARE is making three major recommendations to the Budget this year, which were discussed at the pre-budget forum:

  1. Provide adequate care of children, the elderly and the disabled as a public good that is available to all in need
  2. Develop long-term financial security for women who stay at home to care for family members, thereby contributing to the national economy
  3. Ensure that women are not disadvantaged in any way by the health care system.

Caregiving

Singapore still lacks a national infrastructure for eldercare, a long-term issue that the Pioneer Generation Package and Silver Support Scheme do not do much to address.

Mr Yeoh suggested that Singapore had failed to devise a framework to finance the needs of an ageing population. “How are the many hospitals and community hospitals we will require going to be staffed, and how will they be afforded by the people who use them? How, as AWARE points out, will we compensate family members, mostly women, who will leave the workforce to care for the elderly?”

Members of the audience also mentioned that the community where someone has lived or worked all their lives becomes increasingly important as a form of physical and social support as they age. Current practice allocates the elderly to nursing homes or hospitals based on availability, causing them to be isolated from their families and social networks.

Childcare and fertility 

On childcare, speakers argued that there is a strong public benefit in subsidising childcare. It is a well-recognised fact that the Total Fertility Rate in Singapore has steadily declined for decades, which can be attributed to the increasing cost of raising a child in Singapore.

Theresa Devasahayam, a fellow at the Asia Research Institute, referred to a 2011 OECD report which found that providing childcare as a public good is more effective at raising fertility than direct cash payments (of which Baby Bonus payouts are an example).

Retirement adequacy and the need for a pension 

The inadequacy of CPF was greeted by the audience with a deep sense of recognition. Given that less than half (48.7%) of active CPF members can meet the minimum sum, this was not surprising.

The outlook is even bleaker for women. CPF draws on wages, which caregivers, usually women, cease to receive when they drop out of the workforce. This has real ramifications for such women as they age.

AWARE argued that such women should be compensated for their caregiving labour, which enables other people in the household to do paid work. Women who do unpaid work at home are in fact contributing to national productivity.

Pension credits were cited as a possible solution at the forum, drawing on economist Chia Ngee Choon’s recent call for an introduction of pensions for the bottom third of the elderly population.

Ensure that women are not disadvantaged by the healthcare system

Lastly, healthcare was also found to have gendered dimensions. For both Eldershield and Medishield Life, women have to pay higher premiums. The reason given by the Ministry of Health is that women have longer life expectancies and thus face higher health risks.

Yeoh commented, “The point of health insurance though is to spread risks through the population. Such insurance schemes should not discriminate against one gender based on their ability to live longer.”

AWARE will be submitting its recommendations on the 2015 Singapore Budget through the Reach platform on 29 January. A copy of these recommendations will be uploaded to AWARE’s website.

Anti-trafficking law: Singapore can do better

By Vivienne Wee and Goh Li Sian

gavelThe recently passed Prevention of Human Trafficking Act has been lauded as a significant advance. Building on the work of the Inter-Agency Task Force on trafficking, it reflects a welcome consciousness that trafficking is a serious problem requiring decisive state action. However, beyond its symbolic value, it should be asked: How well does it measure against international standards?

Three international standards are relevant. The first is the US’ annual Trafficking in Persons (TIP) Report. This classifies states in terms of success in protecting victims. In 2010, Singapore slipped from Tier 2 in a four-tier system to a “Tier 2 Watch List”, for countries with a significant number of trafficking victims and which fail to show efforts to combat the situation. This classification was due to Singapore’s ostensibly inadequate prosecution or conviction of human traffickers, especially labour traffickers.

The 2014 TIP report notes the Government’s failure to recognise elements of trafficking in cases without physical confinement or abuse. While some criticise the TIP report as patchy, it nevertheless indicates the distance that Singapore has yet to go.

The second is the UN Convention on the Elimination of All Forms of Discrimination Against Women. This is a key human rights treaty that Singapore has ratified. Article 6 requires states to take all appropriate measures to suppress all forms of trafficking in women. The third is the UN Palermo Protocol on trafficking. This is ratified by 165 states of the UN but not Singapore.

How far does the new Act go towards meeting these three global standards and preventing human trafficking? Although the Act’s definitions are said to be based on international treaties, the Act does not adequately recognise key elements of trafficking as set out in the Palermo Protocol, such as profiteering by traffickers.

The Act also offers little recognition of the rights to safety and livelihood necessary to encourage victims to report their cases, identify traffickers and testify against them – a process which can take up to three years. Unless victims feel secure that their welfare needs will be met, they will be discouraged from coming forward to participate in these prosecutions.

The Act currently allows for “temporary shelter”, but without mandating the nature of this accommodation and without any legal guarantee that victims will not be detained. The Act makes no mention of protecting victims from being prosecuted for immigration infractions inadvertently committed while being trafficked. This gap will deter victims from reporting their cases, for fear of being arrested. Indeed, traffickers have used this possibility as a threat to coerce victims.

The right of victims to work and to have decent income is important for protection from further exploitation. Most victims of trafficking are attracted to Singapore by the prospect of earning an income, a bait used by traffickers in deceptive recruitment. Many victims would be reluctant to make a report if it means no income for their families during the time their cases are ongoing.

We have two recommendations. The Act needs to be amended to make it more comprehensive. The Inter-Agency Task Force should implement the Act in ways that uphold these rights. Only then will Singapore make real progress towards meeting international anti-trafficking standards.

The writers are, respectively, research and advocacy director and coordinator at the Association of Women for Action and Research (AWARE).

This op-ed was first published in the Straits Times on 21 December, 2014. AWARE is a partner of the StopTraffickingSG campaign – follow the campaign on Twitter (#stoptraffickingsg).

Don’t overstate risks of abortion

By Jolene Tan, Programmes and Communications Senior Manager, AWARE

Pre-abortion counselling should facilitate patients’ choices, rather than seek to influence them, and provide scientifically sound and accurate information, as well as non-judgmental support.

Importantly, the likelihood and significance of medical risks associated with abortion should not be exaggerated or misrepresented.

For instance, contrary to claims in the letter, “Provide support, comfort to all women mulling over abortion” (Dec 6), terminations do not typically affect fertility.

The United Kingdom’s National Health Service states: “Having an abortion will not usually affect your chances of becoming pregnant and having normal pregnancies in future.”

The Guttmacher Institute has likewise found that abortions in the first trimester “pose virtually no long-term risk” of infertility.

Indeed, the Royal College of Obstetricians and Gynaecologists (RCOG) recommends that “women should be informed that abortion is a safe procedure, for which major complications and mortality are rare at all gestations.” Many medical experts, including the RCOG, agree also that abortion does not typically pose a risk to mental health, and that “the predominant feeling following abortion is one of relief and diminution of stress”.

The American Psychological Association has also found that among adult women with unplanned pregnancies, choosing a single first-trimester abortion carries no greater chance of mental health problems than delivering the pregnancy.

In other words, scientific evidence does not support the idea of post-abortion syndrome. The early abortion of unplanned pregnancies does not cause post-traumatic stress disorder.

Policymakers and the public should recognise that each patient seeking to terminate a pregnancy is an individual with specific needs, values, aspirations and circumstances.

The patient herself is best placed to understand and assess the meaning and impact, for herself and her family, of bringing a pregnancy to term. Before approaching a doctor, she would probably have consulted those in her life she trusts. If her partner’s involvement in the process would help, she is likely to solicit it, regardless of whether this is a component of pre-abortion counselling. (Pre-abortion counselling should be holistic, affirming”; Dec 8)

Both the World Health Organization and the United Nations Committee on Economic, Social and Cultural Rights identify access to health-related information as a crucial part of access to health care.

We hope that the proposed changes to the pre-abortion counselling regime will make accurate information and non-judgmental support available to all patients, regardless of background.

The appropriate measure of success is how well women are supported and empowered through the process, rather than any particular reproductive outcome.

This letter was first published in TODAY Voices on 10 December 2014.

Public Consultation on Proposed Changes to Pre-Abortion Counselling Criteria

This is a summary of key points in the written submission by AWARE to the Ministry of Health, as part of its public consultation on proposed changes to the criteria for mandatory pre-abortion counselling.

Background

stethoscopeAWARE is Singapore’s leading gender equality advocacy group. We seek to remove gender-based barriers in society, so that women and men can reach their fullest potential.

As part of our work to support informed choice, we provide the public with scientifically accurate and practical information on reproductive healthcare.

Currently, our webpage on abortion is the top Google hit for the search terms ‘abortion Singapore’ and the second for ‘unwanted pregnancy Singapore’. As of 1 December, this page had received over 80 hits a day (close to 29,000 in total). It was the most viewed page on our site in 2013 (21,926 visits).

We also receive telephone inquiries from members of the public seeking information about the nature and availability of abortion services.

Purpose of counselling

Every patient should be free to decide whether to terminate a pregnancy, based on her own circumstances, needs, values and aspirations.

We hope that the following principles will shape government policy on pre-abortion counselling:

  • The purpose of the counselling is to empower women to make informed choices.
  • The counselling regime is non-directive, supporting patients in making their own choices, rather than aiming at specific reproductive outcomes (for any demographic groups or among the population at large).

Access to counselling

In view of these objectives, the previous criteria for mandatory counselling (based on education, background etc.) are inappropriate. Informative, supportive and non-directive pre-abortion counselling should be provided equally to all abortion patients.

Content of counselling

The content of counselling should have the following features:

  • A non-directive approach which seeks to support and facilitate, rather than influence, patients’ choices.
  • Neutral, informative presentation of scientifically accurate information. The medical risks associated with abortion should not be exaggerated or described in a way that causes undue fear, panic or guilt in the patient.
  • Patients who express a need for further information about social support should receive assistance from unbiased sources.

Accordingly, materials used in pre-abortion counselling should be neutral and informative, facilitating independent choices by patients. In particular, it should:

  • Use appropriate imagery. Pictures of full-term pregnant abdomens or newborns (e.g. baby fingers grasping an adult hand) are inaccurate depictions of pregnant women or foetuses at the point of abortion. Dramatic fonts should be avoided.
  • Use appropriate language. Neutral medical terminology such as “foetus” should be used, rather than “unborn baby” or “infant”.
  • Contextualise health risks: Information about the medical risks of abortion should be supplemented with the following:
    • Probability: If complications are described, their incidence should be included, to avoid an exaggerated picture of their likelihood. A good model is the UK NHS website. Researchers suggest that “Women should be informed that abortion is a safe procedure, for which major complications and mortality are rare at all gestations.”
    • Risks of pregnancy: By describing only the risks of abortion, brochures give an incomplete picture. The risks of pregnancy and childbirth should also be included (e.g. diabetes, hypertension, infection, mental health issues, hyperemesis gravidarum and ectopic pregnancy). The severity and incidence of these risks is greater than those of abortions.
  • Video: The video “Abortion: Consider with Care” is sensationalist and should be replaced. We hope the new video will be non-directive, in line with the general purpose of the counselling regime. In particular:
    • Information on the risks of abortion should be contextualised with their probability and the risks of pregnancy. Abortion should not be presented as a threat to fertility. “Abortions performed in the first trimester pose virtually no long-term risk of such problems as infertility.” (Guttmacher Institute)
    • Emotional music and dramatic images should be avoided.
    • Negative emotions should not be emphasised. The Royal College of Obstetricians and Gynaecologists (RCOG) finds that after abortions, patients feel primarily “relief and diminution of stress.” There is no causal association between abortion for an unwanted pregnancy and psychiatric illness or self-harm.

We are happy to work with the Ministry and/or the Health Promotion Board to develop new versions of any materials.

Training and quality control

Pre- and post-abortion counselling should only be performed by qualified professionals who receive training from KKH social workers in applying a non-directive approach. We urge that all prospective and current counsellors complete training or a refresher at KKH to ensure that they comply with the non-directive approach.

Parties who do not undergo this training or comply with this approach should not conduct abortion-related activities at (or access patients through) polyclinics, to ensure quality control and consistency in all the information received by patients.

Referrals to third party agencies

During pre- and post-abortion counselling, patients may be referred to third party agencies. Patients need non-judgmental services that prioritise their welfare without promoting a moral or religious agenda. Agencies should not harm patients by inducing guilt or creating emotional or psychological difficulties. We urge the Ministry to ensure that patients are only referred to neutral agencies.

S377A ruling contradicts Government position on equality

By Goh Li Sian, Research and Advocacy Coordinator, AWARE

The Court of Appeal’s recent ruling upholding Section 377A of the Penal Code as constitutional affects primarily the gay, gavellesbian, bisexual and queer community. However, it also has interesting implications for gender equality, as its reasoning throws into doubt Singapore’s compliance with its international legal obligations under the Convention for the Elimination of All Forms of Discrimination Against Women (CEDAW).

In 2011, in response to a question from the United Nations’ CEDAW Committee, the Government stated that the Singapore Constitution guarantees equality “regardless of gender, sexual orientation and gender identity”. The Government maintained that this protection was present even though Article 12 of the Constitution, which gives a guarantee of equality, makes no explicit reference to these grounds.

The judgment by the Court of Appeal contradicts the Government’s position and makes clear that the Constitution, in its present form, forbids the state from engaging in discrimination only in relation to the specific grounds listed explicitly in Article 12(2) — that is, “religion, race, descent or place of birth”.

The Court emphasises that additional grounds can only be added by Parliament, not by statutory construction through the Courts. As such, it is a definitive statement that Article 12(2) does not currently prevent state discrimination on the grounds of sex or gender.

This invalidates the Government’s previous reliance on the Constitution in responding to the CEDAW Committee and raises serious doubt as to whether the state is in compliance with its legal obligations.

In order to maintain our standing as a nation that honours its international commitments, we call upon Parliament to explicitly amend Article 12 in order to afford equal protection before the law, regardless of gender, sexual orientation and gender identity.

This letter was first published in TODAY voices on 17 November 2014.