Movie Analysis

(I Am Sam)
By: Amal, Syakinah, Intan,
Zafira

Summary of “I Am Sam”
“I Am Sam” tells a story of a mentally
challenged father, Sam fighting for the custody
of her child, Lucy that is taken by the
Department of Children and Family Service
and placed under the care of a foster family.
Lucy was taken away because lucy refused to
learn more than Sam could. Sam raised lucy
alone without lucy’s mother who abandoned
them with the help from his neighbor Anne and
friends who is the same mental state as he is.
01
Sam eventually got a lawyer, Rita to who in the
beginning took Sam case as a pro bono case to
prove herself to her colleagues. In the end Rita
took the case seriously and helped Sam in
every way she could to help same got the
custody. In the end of the movie Sam requested
to have a joint custody agreement with the
foster family because he wanted Lucy to have a
mother figure as she grew up.
 02
Issue
Whether or not Sam who has the mental capacity of a 7-year-old
child is refused to have the custody to raise his child, Lucy is
not treated with equality because of his mental disability
 03
Law
Equality signifies correspondence between a group of different objects, persons, processes, or circumstances
which have same qualities at least one respect, but not all respects regard one specific feature. Equality also
needs to be distinguished from identity and similarity. It implies similarity rather than ‘sameness’.
Furthermore, there is a close relationship of equality and human rights. This is because there are certain
inequalities for example, some children are born comfortable while some are born poor, lack of education or
medical care that will become disadvantage for them to enjoy the benefit from birth.

According to Jeremy Bentham, each person should be treated in a specified way, not as a means, hence,
nobody should be treated as an instrument of somebody’s will.
 Example of Case Law
In the case of Beatrice Fernandez v Sistem Penerbangan Malaysia [2005] 3 MLJ 681

Facts - The applicant was a flight stewardess who had served MAS for 11 years. The terms and conditions of her service
were governed by a Collective agreement between the MAS Employees Union and MAS. One of the clauses of the
collective agreement required an air stewardess to resign if she became pregnant or face termination. The applicant
became pregnant but refused to resign. MAS then terminated her service.

Held – Article 8 of the Federal Constitution did not apply in contractual agreement in private sector. Discrimination for
barred a pregnancy stewardess to work was allowed. The Training Agreement, which deems a female employee who
becomes pregnant during the training period to have committed a repudiatory breach of the Training Agreement is valid
and enforceable.

In the perspective of discrimination, Discrimination is different treatment of an individual or a group of individuals, which
results in a disadvantage. Most pholosophical, political, and +(direct discr) (2 types of discrimination, negative + explain)

This apply equality to the law where laws should apply equally to all citizens. According to Article 8(1) of Federal
Constitution states that “all persons are equal before the law and entitled to the equal protection of the law”. The
constitution does not proclaim that everyone must be treated alike, but they only proclaim that persons in like
circumstances must be treated alike. In simple terms, no constitution states that everyone must be treated equally, it just
states that people should be treated equally when they are in similar situations.
 04
Applicationof Law
For the application of the movie, equality is not applied to Sam where he is refused from having the
rights to have the custody of his own child. The term ‘similarity’ was not used even though Sam
identity as a father is equal to all other fathers who have custody to their child. The child and family
service department only sees Sam as a mentally ill person rather than a role he played in his life like a
father to lucy and a worker at Starbucks.
In terms of discrimination, Sam faces direct discrimination as an autistic individual is not capable of
being a father. Sam also faces negative discrimination where the The child and family service
department wanted to separate Lucy from Sam where it causes emotional damage to them when they
cannot live together as a family. The intention of the The child and family service department is clear
where they consider an autistic person is not eligible to be a father. Which has caused the separation
between Sam and Lucy.

The Article 8(1) of Federal Constitution should be applied in Sam case where he should be treated
equally as a father who can raise a child because naturally all father has the instinct to raise and protect
their child so the form of discrimination should not be used even though Sam has a disability.
 05
Conclusion
In conclusion Sam is not treated equally due to his disability
which have cause a form of discrimination towards Sam where
an autistic person is not fit to raise a child
 The End
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