3.1.1. Mandatory Health Screening and the Prohibition of Pregnancy

To obtain and renew work permits in Malaysia, documented migrant workers must undergo mandatory pre-employment medical examinations within the first month of arrival, and subsequently, annual medical examinations. These medical examinations are conducted at private clinics approved by the Foreign Workers Medical Examination and Monitoring Agency (Fomema) and include screening for a list of communicable and non-communicable diseases like HIV/AIDS, syphilis, tuberculosis, leprosy, hepatitis B, malaria, diabetes mellitus, hypertension, and also pregnancy for women. Female migrant workers testing positive for pregnancy will fail their medical examinations, and consequently will be denied work permits and are subject to deportation.

Most participants agreed that prohibiting pregnancy during employment is an infringement of a woman's reproductive rights and is discriminatory against women. This migrant representative described how pregnancy is equated with illness in mandatory health screening.

*"The women who are pregnant, they are considered [as having] an illness. Pregnancy is an illness. They failed [the FOMEMA medical examination] and they have to be sent back. It is like they discriminate [against] us as a woman. This is our reproductive right." MW-1*

This interviewee expressed discomfort with the government-mandated screening for pregnancy, as it does not fulfil the purpose of a pre-employment medical examination to ensure "fitness to work" and to protect the public from communicable disease.

*"To get your work permit, you have to pass the medical screening, but the medical screening is not only screening for contagious disease, but also for pregnancy. For me, personally, it becomes a problem when it infringes the reproductive right [of migrants]. Other screenings make sense, that is something that is needed to ensure public health for everyone. For the workers themselves to be 'fit to work' and for the health of society, they have to be free from contagious disease–that makes sense! But, reproductive health issue–that concerns reproductive rights. It infringes human rights." CSO-8*
