Professional Documents
Culture Documents
Rights
Definition
(J09
Q1b)
-‐ The
basic
rights
that
all
human
beings
are
entitled
to
enjoy
-‐ Section
2
of
the
Human
Rights
Commission
of
Malaysia
Act
1999
defines
human
rights
to
mean
the
fundamental
liberties
provided
for
under
the
Federal
Constitution
of
Malaysia.
SUHAKAM
‘The
Human
Rights
Commission
of
Malaysia’
was
established
by
Parliament
under
the
Human
Rights
Commission
of
Malaysia
Act
1999.
Functions Powers
Section
4(1)
HRCoMA’99 Section
4(2)
HRCoMA’99
(i) To
promote
awareness
of
and
provide
eduction
(i) To
undertake
research
by
conduction
programs,
relating
to
human
rights; seminars
and
workshops
and
to
disseminate
and
distribute
the
results
of
such
research;
(ii)To
advise
and
assist
Government
in
formulating
legislation
and
procedures
and
recommend
the
(ii)To
advise
the
Government
and/or
relevant
authorities
necessary
measure
to
be
taken; of
complaints
against
them
and
to
recommend
appropriate
measure
to
be
taken;
(iii)To
recommend
to
the
Government
with
regard
to
subscription
or
accession
of
treaties
and
other
(iii)To
study
and
verify
any
infringement
of
human
rights;
international
instruments
in
the
field
of
human
rights;
(iv)To
visit
places
of
detention
in
accordance
with
(iv)To
inquire
into
complaints
regarding
infringements
in
procedures
as
prescribed
by
laws
relating
to
the
of
human
rights. places
of
detention
and
to
make
necessary
recommendations;
-‐ The
Federal
Constitution
contains
several
provisions
which
are
designed
to
protect
the
freedom
of
the
individual.
-‐ These
are
referred
to
as
fundamental
rights
or
fundamental
liberties
-‐ These
rights
are
said
to
be
entrenched
or
enshrined
because
these
rights
cannot
be
altered
or
taken
away
altogether
unless
the
Constitution
itself
is
amended.
-‐ This
can
only
be
done
with
the
approval
of
a
⅔
majority
of
all
the
members
of
Parliament.
1. No
person
may
be
deprived
of
his
life
or
personal
liberty
except
in
accordance
with
the
law.
(Article
5)
-‐ This
provision
protects
the
individual
from
being
unlawfully
imprisoned
or
put
to
death.
-‐ An
individual
who
is
unlawfully
detained,
may
obtain
an
order
of
the
court
through
a
writ
of
‘habeas
corpus’.
This
is
an
order
of
the
court
requiring
that
he
be
lawfully
charged
in
court
or
be
released.
-‐ However,
this
right
is
not
absolute.
A
person
may
still
be
deprived
of
his
life
or
liberty
in
accordance
with
the
law.
-‐ Thus
the
Internal
Security
Act
1960,
which
was
passed
under
powers
conferred
by
Article
149
of
the
Constitution
permits,
among
other
things,
preventive
detention.
2.No
person
may
be
subject
to
slavery
or
forced
labour.
(Article
6)
-‐ The
constitution
recognizes
that
individuals
should
not
be
regarded
as
the
property
of
others
and
thus
bans
all
forms
of
slavery
and
forced
labour.
-‐ However,
this
right
of
the
individual
is
given
subject
to
the
paramount
interest
of
the
nation.
-‐ Thus,
Parliament
may
make
laws
providing
for
compulsory
national
service.
3.No
person
can
be
punished
under
a
law
which
was
not
in
force
when
the
alleged
crime
was
committed.
(Article
7)
-‐ This
protects
the
individual
from
being
charged
with
a
crime
that
was
not
recognized
as
a
crime
at
the
time
the
alleged
wrongful
act
was
done.
-‐ Thus,
for
example,
a
person
professing
the
Hindu
religion
cannot
be
charge
with
bigamy
if
his
purported
second
marriage
was
entered
into
prior
to
the
implementation
of
the
Law
Reform
(Marriages
and
Divorce)
Act
1976,
which
made
non
Muslim
marriages
monogamous.
This
effectively
means
that
laws
against
crimes
cannot
be
passed
with
retrospective
effect.
4.A
person
cannot
be
tried
more
than
once
for
the
same
crime,
where
he
has
already
been
acquitted
or
convicted
earlier.
-‐ This
right
recognizes
that
an
individual
should
not
be
placed
in
a
position
of
double
jeopardy,
where
he
is
made
to
undergo
more
than
one
trial
for
the
same
offense
if
he
has
already
previously
been
tried
and
either
acquitted
or
convicted.
-‐ If
the
law
were
otherwise,
there
might
be
no
end
to
the
punishments
meted
out
to
the
individual
who
has
committed
an
offense,
even
if
it
is
a
minor
one.
-‐ However,
this
does
not
apply
in
cases
where
a
higher
court
has
quashed
an
earlier
trial
and
ordered
a
re-‐trial.
5.All
persons
are
equal
before
the
law
and
entitle
to
its
protection.
-‐ Article
8
entrenches
this
right.
-‐ Exceptions
-‐
Clause
5
(i)
any
provision
regulating
personal
law
(ii)any
provision
or
practice
restricting
matters
connected
with
religion
to
persons
professing
that
religion
only.
(iii)any
provision
for
protection,
well
being
or
advancement
of
the
aboriginal
peoples
of
the
Federation.
(iv)any
provision
restricting
enlistment
in
the
Malay
Regiment
to
Malays.
in
addition,
State
laws
may
provide
for
reservation
of
land
for
Malays.
Articles
89
and
90.
7.Citizens
cannot
be
discriminated
against
in
relation
to
the
providing
of
education
(Article
12)
-‐ merely
on
grounds
of
religion,
race,
descent
or
place
of
birth.
-‐ This
again
is
subject
to
Article
153
as
stated
above.
9.No
citizen
may
be
banished
from
the
country.
(Article
9)
-‐ However,
this
right
is
subject
to
exceptions
whereby
the
Federal
Government
is
permitted
to
deprive
a
person
of
his
citizenship
under
certain
circumstances.
10.Every
citizen
has
the
right
to
freedom
of
speech,
peaceful
assembly
and
association.
(Article
10)
-‐ However,
in
the
interests
of
security,
public
order
or
morality,
Parliament
may
impose
certain
restrictions.
-‐ For
example,
the
Sedition
Act
1948
provides
that
it
is
an
offense
to
question
the
sovereignty,
powers
and
prerogatives
of
the
rulers
and
the
special
position
of
the
Malays.
-‐ Further,
the
freedom
of
speech
does
not
entitle
a
person
to
defame
another.
This
will
entitle
the
person
defamed
to
sue
the
other
under
the
Law
of
defamation.
(It
must
be
noted
that
a
number
of
these
liberties
may
be
overridden
by
Article
149
and
150
of
the
Constitution.
Among
other
things,
Article
149
empowers
Parliament
to
make
laws
against
subversion,
whether
or
not
an
emergency
is
proclaimed.
Such
laws
may
be
inconsistent
with
a
number
of
the
entrenched
fundamental
liberties
such
as
liberty
of
the
person,
free
movement
and
freedom
of
speech
assembly
and
association.
The
Internal
Security
Act
1960
is
an
example.)
Article
150
-‐ the
Yang
diPertuan
Agung
to
proclaim
an
emergency
if
he
is
satisfied
that
there
is
imminent
danger
of
the
occurrence
of
such
event.
-‐ During
such
emergency,
the
Yang
diPertuan
Agung
may
proclaim
Ordinances
which
would
be
valid
even
if
they
go
against
the
provisions
of
the
constitution
or
nay
other
law.
Article
153
-‐ allows
for
special
privileges
to
be
accorded
to
Malays.
-‐ This
would
validate
laws
which
would
otherwise
go
against
the
rights
of
equality
and
non-‐discrimination.