Human rights and social justice includes a broad array

of human concerns and topics related to the rights of

the minority, women and children as well as freedom
of religion. Discuss the position of Malaysia in these
issues and whether it is justified or againts the setting
of current international belief.

Esther Richard 2014860626

Reichiel Lauren Bundang
2014864878
Christy Vianney 2014860162
 Human Rights

Human Rights refers to the "the basic rights

and freedoms to which all humans are
entitled"
Human rights are conceived as universal and
egalitarian, with all people having equal rights
by virtue of being human.

Human rights refers to the concept of human

beings as having universal rights, or status,
regardless of legal jurisdiction or other
localizing factors, such as ethnicity and
nationality.
 The 9 core of HUMAN RIGHTS
CONVENTION.
i. The international convention on the elimination of
all forms of racial discrimination.
ii. International covenant on civil and political rights,

iii.International covenant on economic, social and

cultural rights,
iv.Convention on elimination of all forms of
discrimination against women,
i. Convention against torture and cruel , inhuman or

degrading treatment or punishment.

ii. Convention on the rights of the child,

iii.International Convention on the protection of the rights

of all migrant workers and members of their families.

iv.International convention for the protection of all

persons from enforced disappearance.

v. The convention on the rights of persons with disabilities.

 In Malaysia

Malaysia had not adopted nine core of UN Human

Rights Convention,Malaysia has only signed three of
the nine
Convention on the Elimination of All Forms of
Discrimination Against Women,
the Convention on the Rights of the Child

the Convention on the Rights of Persons with

Disabilities.
 Issues of Human Rights In Malaysia.

Internal Security Act(ISA)(Art 1960 )

Freedom of Religion (Art 11)
Special Rights of Malays and Natives (Art 153)
 Internal Security Act (Art 1960)

allows for detention without trial or criminal

charges under limited, legally defined circumstances

Implemented in Malaya by the British in 1948 to

combat the armed insurgency of the Malayan
Communist Party during the Malayan Emergency.
 Freedom of Religion (Art 11)

Article 11 provides that every person has the right to

profess and to practice his or her religion
(subject to applicable laws restricting the
propagation of other religions to Muslims) to
propagate it.
Second, the Constitution also provides that Islam is
the religion of the country but other religions may be
practised in peace and harmony (Article 3)
Special Rights of Malays and Natives(Art 153)

Get critics because it is consider to create

unnecessary and racialist distinction between
Malaysian of difference ethnic.
benefit only the Bumiputra and Malays who
comprise the majority population.
Example, federal public service positions, federal
scholarships,federal trade or business
licences,education enrollment.
WOMEN AND
CHILDREN
CHILDREN
 The League of Nations adopts the Declaration of the Rights of the Child on
September 16, 1924, which is the first international treaty concerning
childrens rights. In five chapters it gives specific rights to the children and
responsibilities to the adults.
World War II and its casualties leave thousands of children in a dire
situation. Consequently, the UN Fund for Urgency for the Children is created
in 1947, which became UNICEF and was granted the status of a permanent
international organization in 1953.
Since December 10, 1948, the Universal Declaration of Human Rights
recognizes that motherhood and childhood are entitled to special care and
assistance.
In 1959 the General Assembly of the UN adopts the Declaration of the Rights
of the Child, which describes in 10 principles the childrens rights. Whereas
this text has not been signed by all the countries and its principles have only
an indicative value, it paves the way to a Universal Declaration of Children
Rights.
 After the adoption of the Universal Declaration of Human Rights, the UN
wanted to introduce a Charter of Human Rights which would be enforceable
and would oblige the states to respect it. Thus, a Commission on Human Rights
was set up to write this text.
In the midst of the Cold War and after hard negotiations, two texts
complementary to the Universal Declaration of Human Rights were adopted by
the General Assembly of the UN in New York:
The International Charter for Economical, Social and Cultural Rights
recognizes the right to the protection against economical exploitation, the right
to be educated and the right to healthcare
The Charter related to Civil Rights establishes the right to have a name and a
nationality.
The year 1979 is declared International Year of the Child by the UN. That year
saw a real change of spirit, as Poland makes the proposal to create a working
group within the Human Rights Commission, which is in charge of writing an
international charter.
 In 1995, the Government of Malaysia ratified the United
Nations Convention on the Rights of the Child (CRC), an
international human rights treaty which upholds the civil,
political, economic, social, health and cultural rights of all
children below 18 years.

Adopted by the United Nations General Assembly on

20 November 1989, the CRC is based on four core
principles, namely the principle of non discrimination,
the best interests of the child, the right to life, survival
and development, and considering the views of the
child in decisions which affect them (according to their
age and maturity).
 MALAYSIA???

Malaysia ratified Convention No. 138 on the Minimum Age in 1997, and
Convention No. 182 on the Worst Forms of Child Labour in 2000.
The minimum age for admission to employment is 14, with some exceptions
for persons under 14 years of age to perform light work in a family
enterprise, work in public entertainment, or work as an approved
apprentice.
No minimum age is specified for light work and no clear definition of light
work is given.
Persons above 16 are treated by the Malaysian labour law as adults, and
they are allowed in contradiction to the Convention on Minimum Age - to
perform hazardous work.
The types of hazardous work are not determined by national laws or by the
competent authority, the age intervals are not in line with those provided by
the Convention and special provisions on work hours per day and work
days per week are not established.
 The position of Malaysia in this context, Malaysia has signed the treaties and has
bound to it.
The Federal Constitution sets out the basic human rights standards, which also
extend to children. These include liberty of the person (Article 5); prohibition of
slavery and forced labour (Article 6); and rights in respect of education (Article
12).
Malaysia enacted the Child Act 2001 [Act 611] to fulfill its obligation under
the Convention on the Rights of the Child (CRC).
The Child Act 2001 (Act 611) is the countrys legislation for the protection, care
and rehabilitation of children. This Act incorporates the core principles of non-
discrimination, best interests of the child, the right to life, survival and
development as well as respect for the views of the child
Act 611 also requires the setting up of Child Protection Teams and Child Activity
Centres at both state and district levels for children at risk or children vulnerable
to all forms of abuse and exploitation.
WOMEN
 THE RIGHT OF WOMEN

The international community also has declared the right of women

under UDHR.
The Convention establishes a Committee on the Elimination of
Discrimination against Women (CEDAW), which consists of 23
independent experts as members, to monitor its implementation.
Adopted by the UN General Assembly on 18 December 1979 and
entered into force on 3 September 1981.
CEDAW Art. 2: To embody the principle of equality of men and women
in their national constitutions or other appropriate legislation.
 The position of Malaysia in this context, Malaysia has
signed the treaties and has bound to it.
Art. 8 (2) of the Federal Constitution was amended (in
2001) to guarantee gender equality.
Malaysia acceded to CEDAW on 5 July 1995.
Therefore, Malaysia is supporting the rights of women
according to the setting of current international belief
Freedom of Religion
 Federal Constitution

Under Article 11 (1) of the Federal Constitution it is

stated that every person has the right to profess and
practise his religion subjected to Clause (4), to
propagate it.
The constitution protects freedom of religion in Malaysia,
however there is restrictions on religious freedom.
The constitution gives the federal and state governments
the power to control or restrict the propagation of any
religious doctrine or belief among persons proffesing the
religion of Islam
The constitution also defined ethnic Malays as Muslim.
There was no change in the status of respect for religious
freedom by the government.
Muslim generally may not legally convert to another
religion, but members of other religions may convert to
Islam.
Position of Malaysia in Freedom of Religion

The international community has declared the

freedom of religion under the Universal Declaration
of Human Rights (UDHR).
Art 18 of the UDHR; Everyone has the right to
freedom of thought, conscience and religion; this
right includes freedom to change his religion or
belief, and freedom, either alone or in community
with others and in public or private, to manifest his
religion or belief in teaching, practice, worship and
observance.
The position of Malaysia in this context, Malaysia
has signed the treaties and has bound to it.
Position of Malaysia in Freedom of Religion

Therefore, Malaysia is supporting the freedom of

religion according to the setting of current
international belief