Advantages Of Human Rights In Malaysia

1631 Words7 Pages
The Human Rights Act 1998 protected the fundamental rights and freedoms, including some rights which are absolute that cannot be interfered with by the state, as well as other rights which governments might derogate if necessary under Section 14 of the Human Rights Act 1998 (Genn 2014, p. 19). Absolute rights are where the government can never take away or withhold these rights. For example, the right to protection of life under Article 2, the right to freedom from torture or inhuman or degrading treatment under Article 3, the right to freedom from slavery under Article 4, as well as the right to freedom from retrospective criminal liability under Article 7. Limited rights are where these rights might be limited under explicit and finite circumstances,…show more content…
Historically, the Reid Commission 1957 recommended the insertion of the fundamental rights which now appear in the Constitution (Harding 1996, p. 34). The Reid Commission 1957 sought the fundamental individual rights as an essential element for a democratic country. For instance, the guarantees of fundamental liberties of Malaysians in the Federal Constitution cannot be taken away recklessly. In Malaysia, the human rights have been incorporated in Part II of the Federal Constitution. Some of the fundamental liberties guaranteed by the Federal Constitution are: (i) liberty of the person under Article 5, (ii) the prohibition against forced labour and slavery under Article 6, (iii) the protection against repeated trials and retrospective criminal laws under Article 7, (iv) the rights to equal protection of the law and equality before the law under Article 8, (v) the rights to freedom of movement and prohibition of banishment under Article 9, (vi) the rights to freedom of speech, association and assembly under Article 10, (vii) the rights to freedom of religion under Article 11, (viii) the rights in respect of education under Article 12, as well as (ix) the rights to property under Article 13 (Tan Sri Arifin Zakaria…show more content…
Therefore in safeguarding fundamental liberties, the fundamental liberties are entrenched. This entrenchment is against infringement by parliament. This is because by ordinary process of legislation, the fundamental liberties are thus not at the mercy of legislative majorities (Pettagan Swadesh Randika De Silva

More about Advantages Of Human Rights In Malaysia

Open Document