By Iylia De Silva Publications Officer, Publicity & Publications Unit | Posted on 14 March 2025
Executive Summary
- Women across Southeast Asia face disproportionate levels of violence and discrimination,
with legal systems often struggling to keep pace with the evolving nature of gender-based harm. - While countries like Malaysia, Indonesia, and Singapore have made significant strides in
enacting laws to protect women—addressing issues such as online harassment, workplace
sexual violence, and domestic abuse—deep-rooted cultural norms, weak enforcement, and
social stigma continue to undermine these efforts. - Malaysia, for instance, has introduced progressive legal reforms, including the Anti-Sexual
Harassment Act 2022 and amendments to the Domestic Violence Act 1994. However,
challenges such as low public awareness, gaps in legal protections (e.g., marital rape), and
inconsistent enforcement persist. Across the region, countries like Thailand and the
Philippines have strengthened gender equality laws, while others like Myanmar and Brunei
lag behind due to political instability or restrictive interpretations of religious laws. - International conventions such as the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) and regional initiatives like the ASEAN
Commission on the Promotion and Protection of the Rights of Women and Children
(ACWC) provide frameworks for progress. Yet, real change requires not only legal reforms
but also societal shifts in attitudes and stronger implementation mechanisms. - This article examines the state of women’s legal rights in Southeast Asia, highlighting key
advancements, persistent challenges, and the urgent need for comprehensive, enforceable
protections to ensure gender equality and safety for all women.
Introduction
Across the world, women are disproportionately killed and harmed by men. According to a report by
the UN Office on Drugs and Crime, more than 81% of female murders are perpetrated by men, with
a large number of the perpetrators being an intimate partner or family member. A 2023 UN report
estimated 85,000 cases that same year, of femicide—wherein a woman is targeted because of her
gender; 51,100 of them were killed by a husband, partner or family member. Experts believe that this
number is likely an underestimation because many countries around the world do not collect data on
femicide.
The fight for women’s rights has always been a struggle. As society progresses and with increasing
awareness, legal reforms have evolved and continue evolving to address the many forms of violence
against women—including domestic abuse, workplace harassment and online violence.
In Malaysia and across Southeast Asia, laws have been strengthened and amended to tackle these
issues, reflecting a growing recognition of the different and disproportionate ways women experience
harm. Despite these advancements, deep-seated cultural norms, weak enforcement and social stigma
continue to leave many women vulnerable to abuse and discrimination.
Arguments Against Current Legal Protections
1. Weak Enforcement and Cultural Barriers
Despite progressive laws, enforcement remains inconsistent across the region. In Malaysia, for
example, the Anti-Sexual Harassment Tribunal (TAGS) was established in 2024, but public
awareness of its existence is low. Similarly, domestic violence laws in countries like Indonesia and
the Philippines are often undermined by social stigma and fear of retaliation, leaving many cases
unreported.
2. Gaps in Legal Protections
Marital rape remains a critical gap in many legal systems. In Malaysia, Section 375A of the Penal
Code criminalizes forced intercourse through violence or threats but does not cover non-consensual
sex without physical coercion. Similarly, Indonesia’s Elimination of Sexual Violence Law (2022)
excludes marital rape, limiting legal recourse for survivors.
Arguments Against Current Legal Protections
3. Political and Religious Constraints
In countries like Brunei and Myanmar, restrictive interpretations of religious laws and political
instability hinder progress. Brunei’s Syariah Penal Code, for instance, does not criminalize spousal
rape and imposes severe punishments for “moral offenses” that disproportionately affect women.
Reforms and Progress in Malaysia
Online Harassment and Stalking
A recent case sparked national outrage when a netizen responded to Malaysian comedian Harith
Iskander’s social media post, threatening not only to murder the comedian and his children, but also
to rape and kill his ex-wife. The perpetrator, who later claimed it was “an emotional prank” in
response to an insensitive joke by the comedian, was sentenced to five months in jail and fined
RM2,000 under Section 506 of the Penal Code for criminal intimidation and Section 509 for insulting
a person’s modesty.
Sharing obscene or offensive content online is not just inappropriate—it is a crime. To combat rising
online harassment, Section 233 of the Communications and Multimedia Act 1998 was reinforced to
penalize offensive and obscene content shared electronically. Following the case of Acacia Diana—a
renowned female photographer whose stalker harassed her for nearly eight years, even tracking her
overseas to the UK—Malaysia introduced Section 507A of the Penal Code to criminalize stalking.
This law covers not only physical stalking, but also various forms of harassment, including repeated
unwanted messages or gifts, online tracking and excessive “likes” or emojis to the point of
discomfort.
Sexual Harassment and Workplace Protections
According to the Women, Family and Community Development Ministry, more than 85% of reported
sexual harassment cases involve women, with 522 recorded in 2023 alone—88% of which occurred
in the workplace.
In response to these alarming statistics, Malaysia enacted the Anti-Sexual Harassment Act 2022,
which was fully enforced on 8 March 2024. The law established the Anti-Sexual Harassment Tribunal
(TAGS), providing victims with a streamlined process to seek justice without enduring lengthy court
trials.
However, public awareness of TAGS remains low, with many individuals still unaware of its
existence or of the proper channels for reporting sexual harassment, leaving them often to resort only
to filing police reports.
Many employers are unaware that the 2022 amendment to the Employment Act 1955 introduced
Section 81H, which mandates them to publish information on sexual harassment and available
reporting avenues in the workplace. Under the Act, they must also implement clear policies, conduct
awareness programmes and ensuring a safe reporting mechanism are crucial. In line with these legal requirements,
the Public Services Commission outlined disciplinary offences in 2023 that constitute sexual
harassment, including addressing colleagues with endearing terms like “sayang.”
Domestic Violence
The Domestic Violence Act 1994 (DVA) has been strengthened over the years, introducing measures
such as Emergency Protection Orders (EPOs), which can be issued without a police report by a Social
Welfare Department (JKM) officer to instruct the perpetrator to cease all acts of violence against the
victim. This provides immediate protection.
Recent cases have tested the effectiveness of these laws. In August 2023, Dong Yi, a 23-year-old
Chinese woman from Ipoh, made headlines after allegedly being assaulted by her family for dating a
Malay man. She filed a police report and left home; the case remains unresolved due to the
complexities of enforcing domestic violence laws in situations involving cultural and familial
pressure.
Domestic violence extends beyond private spaces. In a recent viral public incident, a man in Kota
Warisan was charged under Section 323 of the Penal Code and Section 18 of the Domestic Violence
Act (DVA) after slapping his wife in a supermarket—allegedly over a long wait for chicken rice.
Survivors of abuse often suffer in silence, trapped by fear and manipulation. Providing support early
is crucial to prevent extreme measures. In January 2025, the wife of a prominent Selangor lawyer
made headlines when she escaped a decade-long abusive marriage by jumping from the second floor
of their home, sustaining severe injuries that affected her for six months.
Reforms in the Syariah Legal System
A significant milestone in Malaysia’s Islamic judiciary came in 2016, when Nenney Shushaidah
Shamsuddin made history by becoming the first ever female Syariah Court judge in the country; this
challenges long-standing gender norms in a male-dominated field and paves the way for greater
inclusivity.
Reforms have been proposed to address gender imbalances in the Syariah legal system, including the
2023 amendments to simplify divorce procedures and enhance financial protections for Muslim
women. While these efforts have sparked debate on balancing legal advancements with traditional
values, advocacy groups continue to push for gender-sensitive interpretations of Islamic law.
Furthermore, marital rape remains a critical gap in Malaysia’s legal framework. While Section 375A
of the Penal Code criminalizes forced intercourse through violence or threats, it does not cover
non-consensual sex without physical coercion—such as when a spouse is asleep or incapacitated.
Groups like the Women’s Aid Organisation (WAO) and Sisters in Islam (SIS) have long advocated
for legal reforms to explicitly criminalize marital rape, but progress remains stalled due to societal and
political resistance.
Citizenship and Gender Equality
On 17 October 2024, Malaysia’s Constitution (Amendment) Bill 2024 was passed, granting automatic
citizenship to children born overseas to Malaysian women with foreign spouses. This long-awaited
change rectifies a historical gender disparity in Malaysia’s citizenship laws, which previously only
granted this right to Malaysian men.
While the amendment has been widely praised as a victory for gender equality, concerns remain,
particularly its non-retroactive application, which still leaves children born before the amendment’s
enactment excluded.
Regional Comparisons
Indonesia
Indonesia’s Elimination of Sexual Violence Law (2022) was passed a decade after it was proposed; it
expanded the legal definition of sexual abuse to include physical and non-physical sexual abuse,
forced contraception, forced sterilization, forced marriage, sexual torture, sexual exploitation, sexual
slavery and sexual abuse through electronic means. The law also guarantees survivors access to
medical, psychological and legal aid. However, it has been criticized for failing to criminalize marital
rape, which remains punishable only under the Domestic Violence Act; this drawback has led to
weaker penalties and limited legal recourse.
Indonesia’s Criminal Code revision in 2022 further sparked controversy with a provision under
Article 411 which criminalizes sex outside of marriage, which critics warn could deter survivors from
reporting sexual violence due to fear of prosecution.
To tackle the rise in workplace sexual violence, the Ministry of Manpower issued Decree No. 88 of
2023, providing guidelines for employers, workers, government agencies and the public on
prevention and response measures.
Thailand
Thailand’s Gender Equality Act (2015) prohibits gender-based discrimination and allows victims to
file complaints with the Committee on Determination of Unfair Gender Discrimination. Meanwhile,
the Domestic Violence Victim Protection Act provides survivors with protective orders; however,
weak enforcement, social stigma and fear of retaliation often leave cases unreported.
Singapore
The Women’s Charter (Family Violence and Other Matters) (Amendment) Bill enhances both
survivor protection and perpetrator accountability. Under this bill, individuals aged 18 and above can
apply for Personal Protection Orders (PPOs), while Expedited Protection Orders (EPOs) may be
issued in high-risk cases.
In 2019, Singapore became one of the few countries in the region to fully criminalize marital rape
through amendments to the Penal Code. Workplace protections have also been reinforced, with the
Protection from Harassment Act (POHA) covering sexual harassment and stalking, alongside the
Tripartite Guidelines on Fair Employment Practices, which promote gender equality in hiring and
employment.
Additionally, Chief Justice Sundaresh Menon recently announced that Singapore courts will
introduce measures to improve the handling of sexual offence cases. Moving forward, all sexual
offence trials in the High Court and select cases in the State Courts will be assigned to a specialist list
of experienced and specially trained judges.
The Philippines
The Anti-Violence Against Women and Their Children Act criminalizes physical, psychological,
sexual, and economic abuse within intimate relationships, offering survivors protection orders and
legal recourse.
The Safe Spaces Act (RA 11313), also known as the Bawal Bastos Law, expands protections against
gender-based harassment, covering offenses such as street harassment, online abuse, and workplace
discrimination.
Despite these legal protections, enforcement remains a challenge, particularly in rural areas where
authorities often lack resources or training. Moreover, the Philippines is the only country in the region
where divorce is illegal, leaving women in abusive marriages with limited legal avenues for escape.
While annulment and legal separation are available, these processes can be costly, lengthy, and
challenging.
Myanmar
Myanmar’s legal framework for addressing gender-based violence remains rooted in the British-era
Penal Code, which does not fully cover domestic violence, marital rape, or workplace or workplace harassment.
Political instability since the 2021 military coup has further delayed legal reforms, including the
Prevention and Protection of Violence Against Women (PoVAW) Law. UN reports highlight sexual
violence committed in conflict zones and ethnic minority communities, even while access to justice
remains challenging under military governance.
Vietnam
Vietnam addresses gender-based violence through the Law on Gender Equality (2006) and the
Domestic Violence Prevention and Control Law (2007). A 2022 revision strengthened protections by
emphasizing prevention, victim support and stricter law enforcement intervention.
The law focuses on three key areas: preventive measures and victim protection, coordination
mechanisms for enforcement, and mobilizing social resources to combat domestic violence.
Cambodia
Cambodia’s Law on the Prevention of Domestic Violence and the Protection of Victims (2005)
criminalizes domestic abuse. The Ministry of Women’s Affairs has announced plans to strengthen
enforcement and improve support for victims, emphasizing community involvement and inter-agency
cooperation.
Despite these efforts, Cambodia continues to face criticism for not adequately addressing online
gender-based violence, with issues like cyber harassment and non-consensual pornography remaining
largely unregulated.
Timor-Leste
Timor-Leste has strengthened legal protections with the Law Against Domestic Violence (2010),
which classifies domestic abuse as a public crime, allowing authorities to pursue cases without a
formal complaint from the survivor.
Yet, enforcement remains inconsistent, particularly in rural areas where traditional dispute
resolution often takes precedence. Deep-rooted cultural norms further deter survivors from seeking
legal recourse, limiting the law’s impact.
Laos
Similarly, Laos’ Law on Development and Protection of Women (2004) addresses gender-based
violence and discrimination. However, informal mediation is often favoured over legal action,
prioritizing reconciliation rather than accountability.
Limited public awareness and inadequate support services further hinder survivors from seeking
justice.
Brunei
Although Brunei’s legal framework offers some safeguards against rape and sexual harassment
through the Women and Girls Protection Act, it lacks a comprehensive approach in addressing
gender-based violence.
Most notably, the Constitution of Brunei (1959) does not explicitly guarantee gender equality. The
law does not criminalize spousal rape and explicitly states that sexual intercourse by a man with his
wife is not rape if she is not younger than 14 (or 15, if she is ethnic Chinese). Strict interpretations of
the Syariah Penal Code can also deter women from reporting abuse, while many cases go unaddressed
due to social and legal constraints.
Moreover, the Syariah Penal Code Order 2013 enforces modest dressing for Muslim
women—wearing “revealing” clothing or failing to cover their hair in certain public spaces can result
in fines or punishment. Severe punishments, particularly in cases of zina (illicit sex) and modesty
violations, including stoning for adultery and whipping for “moral offenses”, also disproportionately
affect women.
The Role of International Conventions
Many Southeast Asian nations are signatories to the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW), committing to align domestic laws with international
standards. Regional initiatives such as the ASEAN Commission on the Promotion and Protection of
Women’s Rights further push for gender equality and legal reforms the Rights of Women and Children (ACWC)
and the ASEAN Regional Plan of Action on the Elimination of Violence Against Women (RPA on EVAW),
aim to strengthen protections and policy frameworks. While these agreements are not always legally
binding, they create legitimate expectations that governments will implement policies in line
with their commitments.
Additionally, the UN Due Diligence Framework on State Accountability for Eliminating Violence
Against Women outlines clear obligations for governments to prevent, investigate and respond to
gender-based violence. It emphasizes that states are responsible not only for enacting legal
protections, but also for ensuring their effective implementation and enforcement. Zarizana Abdul
Aziz, a human rights lawyer and expert who co-developed the due diligence framework, explains that
it was shaped through collaboration with thousands of advocates and experts across various regions,
assessing state efforts over a five-year period to prevent violence against women and enhance
protections. The framework has played a key role in advancing global and regional initiatives,
especially in tackling online violence and harassment.
Recommendations
Strengthen Enforcement Mechanisms
Governments must prioritize the enforcement of existing laws, in order to ensure that survivors have
access to justice. This includes training law enforcement officers, increasing public awareness, and
providing adequate resources for support services.
Close Legal Gaps
Laws must be amended to address critical gaps, such as marital rape and online harassment. Regional
cooperation through initiatives like the ASEAN Regional Plan of Action on the Elimination of
Violence Against Women can help harmonize legal standards.
Promote Public Awareness
Public education campaigns are essential to inform women of their rights and available support
services. Employers should also be mandated to conduct regular awareness programmes on
workplace harassment.
Engage Civil Society and International Bodies
Collaboration with NGOs and international organizations can help hold governments accountable for
implementing legal protections. The UN Due Diligence Framework on State Accountability for
Eliminating Violence Against Women provides a valuable roadmap for action.
Where Can Victims of Gender-Based Violence Turn for Help?
In Malaysia, organisations such as the Women’s Aid Organisation (WAO), Telenisa by Sisters in
Islam and Women’s Centre for Change (WCC) Penang provide legal support, shelters and counselling
to help survivors navigate the legal system.
Emphasising WCC’s commitment to empowerment, Executive Director Loh Cheng Kooi highlights
that their work focuses on empowering women rather than providing welfare. The approach involves
assisting women without expectations and supporting them in making informed choices during
counselling.
Additionally, the All Women’s Action Society (AWAM) offers legal aid and advocacy, while the
Protect & Save The Children organization focuses on child survivors of abuse. The Federation of
Reproductive Health Associations, Malaysia (FRHAM) provides support where reproductive rights
and sexual violence are concerned.
Conclusion
Legal protections for women in Southeast Asia remain hindered by cultural, religious and
socio-political factors. Many laws were historically shaped by patriarchal norms, prioritizing family
unity over individual rights. Even with legal reforms, weak enforcement, lack of awareness and
judicial gaps continue to undermine progress.
While progress has been made, real change requires stronger implementation and societal
commitment to breaking the cycle of violence. Until then, many women remain at risk, waiting for
justice. And justice must not be delayed.
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