HUMAN RIGHT. Introduction Human right (HR) is a concept that has been constantly evolving throughout human history. They been altogether tied to the laws,

HUMAN HUMAN RIGHT RIGHT

IntroductionIntroductionHuman right (HR) is a concept that has Human right (HR) is a concept that has been constantly evolving throughout been constantly evolving throughout human history.human history.

They been altogether tied to the laws, They been altogether tied to the laws, customs and religious throughout ages.customs and religious throughout ages.

One of the first examples of a One of the first examples of a codification of laws that contain codification of laws that contain references to individual right is “tablet references to individual right is “tablet of Hammurabi”of Hammurabi”

The tablet was created by the Sumerian The tablet was created by the Sumerian King Hammurabi about 4000 years ago.King Hammurabi about 4000 years ago.

While considered barbaric by today’s While considered barbaric by today’s standards, the system of 282 laws standards, the system of 282 laws created a example (precedent) for a created a example (precedent) for a legal system.legal system.

This kind of precedent and legally This kind of precedent and legally binding document protects the people binding document protects the people from arbitrary persecution and from arbitrary persecution and punishment.punishment.

The problem with Hammurabi’s code The problem with Hammurabi’s code were mostly due to its cause and effect were mostly due to its cause and effect naturenature

It held no protection on more abstract It held no protection on more abstract ideas such as race, religion, beliefs ideas such as race, religion, beliefs and individual freedomsand individual freedoms

It was in ancient Greece where the It was in ancient Greece where the concept of HR began to take a greater concept of HR began to take a greater meaning than the prevention of arbitrary meaning than the prevention of arbitrary persecution.persecution.

HR became synonymous with natural HR became synonymous with natural rights, rights that spring from natural rights, rights that spring from natural law.law.

According to the Greek traditions of According to the Greek traditions of Socrates & Plato, natural law is law that Socrates & Plato, natural law is law that reflects the natural orders of the reflects the natural orders of the universe (essentially the will of the gods universe (essentially the will of the gods who control nature)who control nature)

A classic example of this occurs in Greek A classic example of this occurs in Greek literature, when Creon critizes Antigone literature, when Creon critizes Antigone for defying (disobey) his command to not for defying (disobey) his command to not bury her dead brother, and she replies bury her dead brother, and she replies that she acted under the laws of the that she acted under the laws of the gods.gods.

The idea of natural rights (NR) continued The idea of natural rights (NR) continued in ancient Rome, where the Roman jurist in ancient Rome, where the Roman jurist Ulpian believed that NR belonged to Ulpian believed that NR belonged to every person, whether they were a every person, whether they were a Roman citizen or not.Roman citizen or not.

Despite this principle, there are Despite this principle, there are fundamental differences between HR today fundamental differences between HR today & NR of the past.& NR of the past.

For example, it was see as perfectly For example, it was see as perfectly natural to keep slaves, and such a natural to keep slaves, and such a practices goes counter to the ideas of practices goes counter to the ideas of freedom and equality.freedom and equality.

These both that we can associate with HR These both that we can associate with HR today.today.

In the middle ages and later the In the middle ages and later the renaissance, the decline in power of the renaissance, the decline in power of the church led society to place more of an church led society to place more of an emphasis on the individual, which in turn emphasis on the individual, which in turn caused the shift away from feudal & caused the shift away from feudal & monarchist societies, letting individual monarchist societies, letting individual expression flourish. expression flourish.

The next fundamental philosophy of The next fundamental philosophy of human rights arose from the idea of human rights arose from the idea of positive law.positive law.

Thomas Hobbes, (1558-1679), saw NR as Thomas Hobbes, (1558-1679), saw NR as being very blur (vague) and hollow, too being very blur (vague) and hollow, too open to vast differences of open to vast differences of interpretation.interpretation.

Therefore under positive law, instead of Therefore under positive law, instead of HR being absolute, they can be given, HR being absolute, they can be given, taken away and modified by a society to taken away and modified by a society to suit its needs.suit its needs.

Jeremy Bentham, another legal Jeremy Bentham, another legal positivist sums up the essence of the positivist sums up the essence of the positive view;positive view;

““Right is a child of law; from real laws come rights, Right is a child of law; from real laws come rights, but from imaginary law, from “law of nature”, but from imaginary law, from “law of nature”, come imaginary rights…….NR is simple nonsense.come imaginary rights…….NR is simple nonsense.

This transfer of abstract ideas This transfer of abstract ideas regarding HR and their relation to will regarding HR and their relation to will of nature into concrete laws is of nature into concrete laws is exemplified best by various legal exemplified best by various legal documents that specifically described documents that specifically described these rights in;these rights in;

British Magna Carta 1215; French Declaration of British Magna Carta 1215; French Declaration of the Rights of Man 1789; American Bill of Rights the Rights of Man 1789; American Bill of Rights 1789 and The Geneva Convention 1864. 1789 and The Geneva Convention 1864.

Definition of HRDefinition of HRAccording to American Heritage According to American Heritage Dictionary of English Language, HR Dictionary of English Language, HR refers to “the basic rights and freedom refers to “the basic rights and freedom to which all human are entitled, often to which all human are entitled, often held to include the right to life and held to include the right to life and liberty, freedom of thought and liberty, freedom of thought and expression and equality before the law.expression and equality before the law.

The United Nations Universal The United Nations Universal Declaration of HR states “All human Declaration of HR states “All human beings are born free and equal in beings are born free and equal in dignity and rights. They are endowed dignity and rights. They are endowed with reason and conscience and should with reason and conscience and should act towards one another in a spirit of act towards one another in a spirit of brotherhood.brotherhood.

The idea of HR descended from the The idea of HR descended from the philosophical idea of NR which are philosophical idea of NR which are considered to exist even when considered to exist even when trampled (destruction) by trampled (destruction) by government or societygovernment or society

Some recognize virtually no Some recognize virtually no difference between two and regard difference between two and regard both as labels for the same thingboth as labels for the same thing

While others choose to keep the While others choose to keep the terms separate to eliminate terms separate to eliminate association with some features association with some features traditionally associated with NR.traditionally associated with NR.

NR in particular are rights of the NR in particular are rights of the individual and are considered individual and are considered beyond the authority of a future beyond the authority of a future government or international body government or international body to dismiss.to dismiss.

John Locke is perhaps the most John Locke is perhaps the most prominent philosopher that prominent philosopher that developed this theory.developed this theory.

Evolution of HREvolution of HRA.A. HR in the Ancient WorldHR in the Ancient World

Ur-Nammu, king of Ur in ca. 2050 BC Ur-Nammu, king of Ur in ca. 2050 BC created the Code of Ur-Nammu, the created the Code of Ur-Nammu, the oldest legal codex that survives todayoldest legal codex that survives today

Several other sets of laws were created Several other sets of laws were created in Mesopotamia including the in Mesopotamia including the Code of Code of Hammurabi, one of the best preserved Hammurabi, one of the best preserved examples of this type of document.examples of this type of document.

It shows rules, and punishments if It shows rules, and punishments if those rules are broken, on a variety of those rules are broken, on a variety of matters including women’s rights, matters including women’s rights, children’s rights and slave rightschildren’s rights and slave rights

B.B. Persian EmpirePersian Empire

The Achaemenid Persian Empire of The Achaemenid Persian Empire of ancient Iran established ancient Iran established unprecedented principles of HR in the unprecedented principles of HR in the 6th century BC under Cyrus the Great.6th century BC under Cyrus the Great.

After his conquest of Babylon in 539 After his conquest of Babylon in 539 BC, the king issued the Cyrus BC, the king issued the Cyrus cylinder, discovered in 1879 and cylinder, discovered in 1879 and recognized today as the first HR recognized today as the first HR documents.documents.

The cylinder declared-the citizens of The cylinder declared-the citizens of empire would be allowed to practice empire would be allowed to practice of their religious beliefs freely.of their religious beliefs freely.

It also abolished slavery, so all the It also abolished slavery, so all the palaces of the kings of Persia were palaces of the kings of Persia were built by paid workers in an era where built by paid workers in an era where slaves typically did such work.slaves typically did such work.

In Persia Empire, citizens of all In Persia Empire, citizens of all religions and ethnic groups were also religions and ethnic groups were also given the same rights, while women given the same rights, while women had the same rights as menhad the same rights as men

The Cyrus cylinder also document the The Cyrus cylinder also document the protection of the rights to liberty and protection of the rights to liberty and security, freedom of movement, the security, freedom of movement, the right of property, economic and social right of property, economic and social rightsrights

C.C. Maurya EmpireMaurya Empire

The Maurya Empire of ancient India The Maurya Empire of ancient India established unprecedented principles established unprecedented principles of civil rights in the 3rd century BC of civil rights in the 3rd century BC under Ashoka the Great.under Ashoka the Great.

After his brutal conquest of Kalinga in After his brutal conquest of Kalinga in circa 265 BC he felt guilty and regret circa 265 BC he felt guilty and regret for what he had done and result he for what he had done and result he adopted Buddhism.adopted Buddhism.

From “the cruel Ashoka” eventually From “the cruel Ashoka” eventually came to be known as “the pious came to be known as “the pious Ashoka”.Ashoka”.

During his reign, he pursued an During his reign, he pursued an official policy on nonviolence official policy on nonviolence (ahimsa) and the protection of (ahimsa) and the protection of human rights, as his chief concern human rights, as his chief concern was the happiness of his subjects.was the happiness of his subjects.

The unnecessary slaughter or The unnecessary slaughter or mutilation (injury) of animals was mutilation (injury) of animals was immediately abolished, such as immediately abolished, such as sport hunting and branding.sport hunting and branding.

Ashoka also showed mercy to those Ashoka also showed mercy to those imprisoned, allowing them outside imprisoned, allowing them outside one day each year and offered one day each year and offered common citizen free education at common citizen free education at universities.universities.

He treated his subjects as equals He treated his subjects as equals regardless of their religions, politics or regardless of their religions, politics or caste and constructed free hospitals for caste and constructed free hospitals for both humans and animals.both humans and animals.

Ashoka defined the main principles of Ashoka defined the main principles of nonviolence, tolerance of all sects and nonviolence, tolerance of all sects and opinions, obedience to parents to opinions, obedience to parents to parents, respect for teachers and priestsparents, respect for teachers and priests

He also being liberal towards friends, He also being liberal towards friends, humane treatment of servants and humane treatment of servants and generosity towards all.generosity towards all.

These reforms are described in “the These reforms are described in “the Edicts of Ashoka”Edicts of Ashoka”

In the Maurya Empire, citizens of all In the Maurya Empire, citizens of all religions and ethnic groups also had religions and ethnic groups also had rights to freedom, tolerance and equality.rights to freedom, tolerance and equality.

The need for tolerance on an egalitarian The need for tolerance on an egalitarian basis can be found in the Edicts of basis can be found in the Edicts of Ashoka.Ashoka.

The Edicts of Ashoka emphasize the The Edicts of Ashoka emphasize the importance of tolerance in public policy importance of tolerance in public policy by the government.by the government.

The slaughter or capture of prisoners of The slaughter or capture of prisoners of war was also condemned by Ashoka, war was also condemned by Ashoka, slavery was also non-existent in ancient slavery was also non-existent in ancient India.India.

D.D.Early Islamic CaliphateEarly Islamic Caliphate

This time many reforms in HR took place This time many reforms in HR took place under Islam between 610 and 661 under Islam between 610 and 661 (during prophet Muhammad & the four (during prophet Muhammad & the four Rashidin Caliphate)Rashidin Caliphate)

Islamic social reforms in areas such as Islamic social reforms in areas such as social security, family structure, slavery social security, family structure, slavery and the rights of women & ethnic and the rights of women & ethnic minorities improved on what was present minorities improved on what was present in existing Arab society at the time.in existing Arab society at the time.

Bernard Lewis-Islam “from the first Bernard Lewis-Islam “from the first denounced aristocratic privilege, denounced aristocratic privilege, rejected hierarchy and adopted a rejected hierarchy and adopted a formula of the career open to the talentsformula of the career open to the talents

John Esposito-sees Muhammad as a reformer John Esposito-sees Muhammad as a reformer who condemned practices of the pagan (Atheist) who condemned practices of the pagan (Atheist) Arabs such as female infanticide, exploitation of Arabs such as female infanticide, exploitation of the poor, murder, false contract and theft.the poor, murder, false contract and theft.

Esposito also states Islam reforms in women Esposito also states Islam reforms in women right’s affected marriage, divorce and right’s affected marriage, divorce and inheritance.inheritance.

The Oxford Dictionary of IslamThe Oxford Dictionary of Islam states that the states that the general improvement of the status of Arab general improvement of the status of Arab women including prohibition of female women including prohibition of female infanticide and recognizing women’s full infanticide and recognizing women’s full personhood.personhood.

Under Islamic law, marriage was no longer Under Islamic law, marriage was no longer viewed as a “status” but rather as a “contract” viewed as a “status” but rather as a “contract” in which the woman’s consent was imperative.in which the woman’s consent was imperative.

Women were given inheritance rights Women were given inheritance rights in patriarchal rights society that had in patriarchal rights society that had previously restricted inheritance to previously restricted inheritance to male relativesmale relatives

Hadad and Esposito state Hadad and Esposito state “Muhammad granted women rights “Muhammad granted women rights and privileges in the sphere of family and privileges in the sphere of family life, marriage, education and life, marriage, education and economic endeavors, rights that help economic endeavors, rights that help improve women’s status in society.improve women’s status in society.

E.E. Modern EraModern Era

Thomas Paine, John Stuart Mill and Thomas Paine, John Stuart Mill and Hegel expanded on the theme of Hegel expanded on the theme of universality during 18th and 19th universality during 18th and 19th centuries.centuries.

Then according David Davis (1867) “by Then according David Davis (1867) “by the protection of the law, human right the protection of the law, human right are secured; withdraw that protection are secured; withdraw that protection and they are at the mercy of wicked of and they are at the mercy of wicked of an excited people”.an excited people”.

Many groups and movements have Many groups and movements have managed to achieve profound social managed to achieve profound social changes over the course of the 20th changes over the course of the 20th century in the name of HR century in the name of HR

F.F. After World War IIAfter World War II

Shocked by the barbarism of WWII, the Shocked by the barbarism of WWII, the United Nations General Assembly United Nations General Assembly adopted the Universal Declaration of adopted the Universal Declaration of Human Rights in 1948.Human Rights in 1948.

While not legally binding, it urged While not legally binding, it urged member nations to promote a number of member nations to promote a number of human, civil, economic and social rights, human, civil, economic and social rights, asserting these rights are part if the asserting these rights are part if the “foundation of freedom, justice and “foundation of freedom, justice and peace In the world”.peace In the world”.

The declaration was the first The declaration was the first international legal effort to limit the international legal effort to limit the behavior of states and press upon them behavior of states and press upon them duties to the citizens following the model duties to the citizens following the model of the rights-duty duality.of the rights-duty duality.

In 1976, the International Covenant on In 1976, the International Covenant on Civil and political Rights was adopted Civil and political Rights was adopted by the United Nations.by the United Nations.

It commits 155 states parties to work It commits 155 states parties to work toward the granting of economic, toward the granting of economic, social and cultural rights to social and cultural rights to individuals including Malaysia.individuals including Malaysia.

UN Declaration 1948 on UN Declaration 1948 on HRHR

Prior to the proclamation of the Universal Prior to the proclamation of the Universal Declaration of Human Rights, several countries had Declaration of Human Rights, several countries had proclaimed comparable declarations. proclaimed comparable declarations.

Examples include the Bill of Rights of England, the Examples include the Bill of Rights of England, the Bill of Rights in the United States, and the Declaration Bill of Rights in the United States, and the Declaration of the Rights of Man and of the Citizen in France. of the Rights of Man and of the Citizen in France.

When the atrocities committed by Nazi Germany When the atrocities committed by Nazi Germany became apparent after the Second World War, the became apparent after the Second World War, the consensus within the world community was that the consensus within the world community was that the United Nations Charter did not sufficiently define the United Nations Charter did not sufficiently define the rights it referenced. rights it referenced.

A universal declaration that specified the rights of A universal declaration that specified the rights of individuals was necessary . Canadian John Peters individuals was necessary . Canadian John Peters Humphrey was called upon by the United Nations Humphrey was called upon by the United Nations Secretary-General to work on the project and Secretary-General to work on the project and became the Declaration's principal drafter. became the Declaration's principal drafter.

Humphrey was assisted by Eleanor Roosevelt of the Humphrey was assisted by Eleanor Roosevelt of the United States, Jacques Maritain and René Cassin United States, Jacques Maritain and René Cassin of France, Charles Malik of Lebanon, and P. C. of France, Charles Malik of Lebanon, and P. C. Chang of the Republic of China, among others. Chang of the Republic of China, among others.

According to Globalizing Family Values, the According to Globalizing Family Values, the Declaration's pro-family phrases were the result of Declaration's pro-family phrases were the result of the Christian Democratic movement's influence on the Christian Democratic movement's influence on Cassin and Malik.Cassin and Malik.

The proclamation was ratified during the General The proclamation was ratified during the General Assembly on 10 December 1948 by a vote of 48 in favour, Assembly on 10 December 1948 by a vote of 48 in favour, 0 against, with 8 abstentions (all Soviet Bloc states, South 0 against, with 8 abstentions (all Soviet Bloc states, South Africa and Saudi Arabia). Africa and Saudi Arabia).

Despite the central role played by Canadian John Despite the central role played by Canadian John Humphrey, the Canadian Government at first abstained Humphrey, the Canadian Government at first abstained from voting on the Declaration's draft, but later voted in from voting on the Declaration's draft, but later voted in favour of the final draft in the General Assembly.favour of the final draft in the General Assembly.

Islam CriticismIslam Criticism

Predominantly Islamic countries, like Sudan, Pakistan, Predominantly Islamic countries, like Sudan, Pakistan, Iran, and Saudi Arabia, frequently criticized the Iran, and Saudi Arabia, frequently criticized the Universal Declaration of Human Rights for its Universal Declaration of Human Rights for its perceived failure to take into the account the cultural perceived failure to take into the account the cultural and religious context of non-Western countries. and religious context of non-Western countries.

In 1981, the Iranian representative to the United In 1981, the Iranian representative to the United Nations, Said Rajaie-Khorassani, articulated the Nations, Said Rajaie-Khorassani, articulated the position of his country regarding the Universal position of his country regarding the Universal Declaration of Human Rights, by saying that the Declaration of Human Rights, by saying that the UDHR was "a secular understanding of the Judeo-UDHR was "a secular understanding of the Judeo-Christian tradition", which could not be implemented Christian tradition", which could not be implemented by Muslims without trespassing the Islamic law.by Muslims without trespassing the Islamic law.

There are 57 Muslim nations who are There are 57 Muslim nations who are members of the Organization of the members of the Organization of the Islamic Conference. Islamic Conference.

On 30 June 2000, the OIC officially On 30 June 2000, the OIC officially resolved to support the Cairo resolved to support the Cairo Declaration on Human Rights in Islam, Declaration on Human Rights in Islam, an alternative document that says an alternative document that says people have "freedom and right to a people have "freedom and right to a dignified accordance with the Islamic dignified accordance with the Islamic Shari’ah” life in Shari’ah” life in

HR in Malaysia HR in Malaysia ConstitutionConstitution

PART II Article 5-13 (Fundamental Liberties)PART II Article 5-13 (Fundamental Liberties)Neither the Reid Commission nor the White Neither the Reid Commission nor the White Paper explained the meaning of “fundamental Paper explained the meaning of “fundamental liberties” here.liberties” here.

The HR Commission of Malaysia Act 199 The HR Commission of Malaysia Act 199 provides several provisions which may be used provides several provisions which may be used to shed (remove) some light on the term.to shed (remove) some light on the term.

Section 2 of the Acts says that “human Section 2 of the Acts says that “human rights refer to fundamental liberties in rights refer to fundamental liberties in Part II of the Federal Constitution”Part II of the Federal Constitution”

Meanwhile section 4 (4) of Act says that Meanwhile section 4 (4) of Act says that “For the purpose of this Act, regard “For the purpose of this Act, regard shall be had to the Universal Declaration shall be had to the Universal Declaration of Human Rights 1948 to the extent that of Human Rights 1948 to the extent that it is not inconsistent with the Federal it is not inconsistent with the Federal Constitution”Constitution”

Most of the rights contained in the Most of the rights contained in the provisions are apparently only available provisions are apparently only available for the citizens despite the fact that for the citizens despite the fact that under this part there is a provision under this part there is a provision which declares equal protection of the which declares equal protection of the law.law.

Liberty of the personLiberty of the person

Article 5 (1): No person shall be deprived Article 5 (1): No person shall be deprived of his life or personal liberty save of his life or personal liberty save accordance with lawaccordance with law

5 (2): Where complaint is made to a High 5 (2): Where complaint is made to a High court of any judge thereof that a person is court of any judge thereof that a person is being unlawfully detained the court shall being unlawfully detained the court shall inquire into the complaint and unless inquire into the complaint and unless satisfied that the detention is lawful, shall satisfied that the detention is lawful, shall order him to be produced before the court order him to be produced before the court release himrelease him

This provision refers to the detainee’s right This provision refers to the detainee’s right to apply for to apply for habeas corpus habeas corpus which has its which has its roots in English common law.roots in English common law.

In In Abdul Ghani Haroon versus Ketua Polis Abdul Ghani Haroon versus Ketua Polis Negara & Anor case [2001], Negara & Anor case [2001], Mohd Mohd Hishamuddin J had this to say at the High Hishamuddin J had this to say at the High Court;Court;“…“…by virtue of clause (2)of article 5 of the Federal by virtue of clause (2)of article 5 of the Federal

Constitution…the right to apply to the High Constitution…the right to apply to the High Court for a writ of habeas corpus was nor merely Court for a writ of habeas corpus was nor merely legal right, but also a constitutional right legal right, but also a constitutional right available to any person who believes that he has available to any person who believes that he has been unlawfully detained. Since the right is been unlawfully detained. Since the right is constitutional right, he has every right to be constitutional right, he has every right to be present in court at the hearing of his present in court at the hearing of his application. In other words, the right to be application. In other words, the right to be present is constitutional right implicit in clause present is constitutional right implicit in clause (2) of article 5 of the Constitution”(2) of article 5 of the Constitution”

Writ of Writ of habeas corpus-habeas corpus-order requiring a order requiring a person to be brought before a judge or into person to be brought before a judge or into court, especially to investigate the right of court, especially to investigate the right of the authorities to keep him in prison.the authorities to keep him in prison.

However on appeal to the Federal Court the However on appeal to the Federal Court the decision was reversed and the court held decision was reversed and the court held that it was a matter of court to decide,that it was a matter of court to decide,

i.e. the detainee’s right to be present in i.e. the detainee’s right to be present in court when the application is heard in court court when the application is heard in court is not automatic.is not automatic.

Article 5 (3): Where a person is arrested Article 5 (3): Where a person is arrested he shall be informed as soon as may be he shall be informed as soon as may be of the grounds of his arrest and shall be of the grounds of his arrest and shall be allowed to consult and defended by a allowed to consult and defended by a legal practitioner if his choice.legal practitioner if his choice.

Article 5 (4): Where a person is arrested Article 5 (4): Where a person is arrested and not released he shall without and not released he shall without unreasonable delay; and in any case unreasonable delay; and in any case within twenty-four hours (excluding the within twenty-four hours (excluding the time of any necessary journey) be time of any necessary journey) be produced before a magistrate and shall produced before a magistrate and shall not be further detained in custody not be further detained in custody without the magistrate’s authoritywithout the magistrate’s authority

However Article 5 (3) and (4) do not However Article 5 (3) and (4) do not apply to an enemy alienapply to an enemy alien

Slavery and forced labour Slavery and forced labour prohibitedprohibited

Article 6 (1): No per shall be held in slaveryArticle 6 (1): No per shall be held in slavery

Article 6 (2): All forms of forced labour are Article 6 (2): All forms of forced labour are prohibited, but Parliament may by law for prohibited, but Parliament may by law for compulsory service for national purposecompulsory service for national purpose

Article 6 (3): Work incidental to the serving Article 6 (3): Work incidental to the serving of a sentence of imprisonment imposed by a of a sentence of imprisonment imposed by a court of law shall not be taken to be forced court of law shall not be taken to be forced labour within the meaning of this Articlelabour within the meaning of this Article

Article 6 (4): Where by any written law the Article 6 (4): Where by any written law the whole or any part of the functions of any whole or any part of the functions of any public authority is to be carried on by public authority is to be carried on by another public authority, for the purpose of another public authority, for the purpose of enabling those functions to be performed enabling those functions to be performed the employees of the first mentioned public the employees of the first mentioned public authority shall be bound to serve the second authority shall be bound to serve the second public authority and their service with the public authority and their service with the the second mentioned public authority shall the second mentioned public authority shall not be taken to be forced labour within not be taken to be forced labour within meaning of this Articlemeaning of this Article

And no such employee shall be entitled And no such employee shall be entitled to demand any right from either the first to demand any right from either the first mentioned or the second mentioned mentioned or the second mentioned public authority by reason of the transfer public authority by reason of the transfer of his employment.of his employment.

Protection against Protection against retrospective criminal laws retrospective criminal laws

and repeated trialsand repeated trialsArticle 7 (1): No person shall be punished for Article 7 (1): No person shall be punished for an act or omission which was not punishable an act or omission which was not punishable by law when it was done or made, and no by law when it was done or made, and no person shall suffer greater punishment for an person shall suffer greater punishment for an offence than was prescribed by law at the time offence than was prescribed by law at the time it was committedit was committed

Article 7 (2): A person who has been acquitted Article 7 (2): A person who has been acquitted or convicted of an offence shall not be tried or convicted of an offence shall not be tried again for the same offence except where the again for the same offence except where the conviction or acquittal has been quashed and conviction or acquittal has been quashed and retrial ordered by a court superior to that by retrial ordered by a court superior to that by which he was acquitted of convictedwhich he was acquitted of convicted

EqualityEqualityArticle 8 (1): All persons are equal before Article 8 (1): All persons are equal before the law and entitled to the equal protection the law and entitled to the equal protection of the lawof the law

Article 8 (2): Except as expressly authorized Article 8 (2): Except as expressly authorized by this Constitution, there shall be no by this Constitution, there shall be no discrimination against citizens on the discrimination against citizens on the ground only of religion, race, descent, place ground only of religion, race, descent, place of birth of gender in any law or in the of birth of gender in any law or in the appointment to any office or employment appointment to any office or employment under a public authority or in the under a public authority or in the administration of any law relating to the administration of any law relating to the acquisition, holding or disposition of acquisition, holding or disposition of property or the establishing or carrying on property or the establishing or carrying on of any trade, business, profession, vocation of any trade, business, profession, vocation or employment.or employment.

Article 8 (3): There shall be no Article 8 (3): There shall be no discrimination in favour of any person on discrimination in favour of any person on the ground that he is a subject of the Ruler the ground that he is a subject of the Ruler of any Stateof any State

Article 8 (4): No public authority shall Article 8 (4): No public authority shall discriminate against any person on the discriminate against any person on the ground that he is a resident of carrying on ground that he is a resident of carrying on business in any part of the Federation business in any part of the Federation outside the jurisdiction of the authorityoutside the jurisdiction of the authority

Article 8 (5): This Article does not invalidate Article 8 (5): This Article does not invalidate or prohibit:-or prohibit:-

(a) any provision regulating personal law(a) any provision regulating personal law(b) any provision or practice restricting office or (b) any provision or practice restricting office or employment connected with the affairs of any employment connected with the affairs of any religion, or of an institution managed by a group religion, or of an institution managed by a group professing any religion, to persons professing professing any religion, to persons professing that religionthat religion

(C) any provision for the protection, well-(C) any provision for the protection, well-being or advancement of the aboriginal being or advancement of the aboriginal peoples of the Malay Peninsular (including peoples of the Malay Peninsular (including the reservation of land) or the reservation the reservation of land) or the reservation to aborigines of a reasonable proportion to aborigines of a reasonable proportion of suitable positions in the public serviceof suitable positions in the public service

(d) any provision prescribing residence in (d) any provision prescribing residence in a State or part of a State as a qualification a State or part of a State as a qualification for election or appointment to any, or for for election or appointment to any, or for voting in such an electionvoting in such an election

(e) any provision of a Constitution of a (e) any provision of a Constitution of a State, being corresponding to a provision State, being corresponding to a provision in force immediately before Merdeka Dayin force immediately before Merdeka Day

(f) any provision restricting enlistment in (f) any provision restricting enlistment in the Malay Regiment to Malays.the Malay Regiment to Malays.

Prohibition of banishment Prohibition of banishment and freedom of movementand freedom of movement

Article 9 (1): No citizen shall be Article 9 (1): No citizen shall be banished or excluded from the banished or excluded from the FederationFederation

• Article 9 (2): Subject to Clause (3) and Article 9 (2): Subject to Clause (3) and to any law relating to the security of to any law relating to the security of the Federation or any part thereof, the Federation or any part thereof, public order, public health or the public order, public health or the punishment of offenders, every citizen punishment of offenders, every citizen has the right to move freely has the right to move freely throughout the Federation and to throughout the Federation and to reside in any part thereofreside in any part thereof

• Article 9 (3): So long as under this Article 9 (3): So long as under this Constitution any other State is in a special Constitution any other State is in a special position as compared with the State of position as compared with the State of Malaya, Parliament may by law impose Malaya, Parliament may by law impose restrictions as between the State and restrictions as between the State and another States, on the rights conferred by another States, on the rights conferred by Clause (2) in respect of movement and Clause (2) in respect of movement and residenceresidence

Freedom of Speech, Freedom of Speech, Assembly and AssociationAssembly and Association

• Article 10 (1) Subject to Clauses (2), (3) and Article 10 (1) Subject to Clauses (2), (3) and (4)-(4)-

• (a) every citizen has the right to (a) every citizen has the right to freedom of speech and expressionfreedom of speech and expression

• (b) all citizens have the right to (b) all citizens have the right to assemble peaceably and without assemble peaceably and without armsarms

• (c) all citizens have the right to (c) all citizens have the right to form associationsform associations

• Article 10 (2): Parliament may by law Article 10 (2): Parliament may by law impose:-impose:-• (a) on the rights conferred by (a) on the rights conferred by

paragraph (a) of Clause (1), such paragraph (a) of Clause (1), such restrictions as it deems necessary restrictions as it deems necessary or expedient in the interest of the or expedient in the interest of the security of the Federation or any security of the Federation or any part thereof, friendly relations part thereof, friendly relations with other countries, public order with other countries, public order or morality and restriction or morality and restriction designed to protect the privileges designed to protect the privileges of Parliament or of any Legislative of Parliament or of any Legislative Assembly or to provide against Assembly or to provide against contempt of court, defamation of contempt of court, defamation of incitement to any offenceincitement to any offence

• Article 10 (2):Article 10 (2):• (b) on the right conferred by (b) on the right conferred by

paragraph (b) of Clause (1), such paragraph (b) of Clause (1), such restrictions as it deems necessary of restrictions as it deems necessary of expedient in the interest of the expedient in the interest of the security of the Federation or any security of the Federation or any part thereof of public orderpart thereof of public order

• (C) on the right conferred by (C) on the right conferred by paragraph (c) of Clause (1), such paragraph (c) of Clause (1), such restrictions as it deems necessary or restrictions as it deems necessary or expedient in the interest of the expedient in the interest of the security of the Federation or any security of the Federation or any part thereof, public order or moralitypart thereof, public order or morality

• Article 10 (3): Restrictions on the right to Article 10 (3): Restrictions on the right to form associations conferred by paragraph form associations conferred by paragraph (c) of Clause (1) may also be imposed by (c) of Clause (1) may also be imposed by any law relating to labour or education.any law relating to labour or education.

• Article 10 (4): In imposing restrictions in Article 10 (4): In imposing restrictions in the interest of the security of the the interest of the security of the Federation of any part thereof or public Federation of any part thereof or public order under Clause (2) (a), Parliament may order under Clause (2) (a), Parliament may pass law prohibiting the questioning of pass law prohibiting the questioning of any matter, right, status, position, any matter, right, status, position, privilege, sovereignty or prerogative privilege, sovereignty or prerogative established or protected by the provisions established or protected by the provisions of Part III, Article 152, 153 or 181 of Part III, Article 152, 153 or 181 otherwise than in relation to the otherwise than in relation to the implementation thereof as may be implementation thereof as may be specified in such law.specified in such law.

Freedom of religionFreedom of religion• Article 11 (1): Every person has the right Article 11 (1): Every person has the right

to profess and practice his religion and to profess and practice his religion and subject to Clause (4), to propagate itsubject to Clause (4), to propagate it

• Article 11 (2): No person shall be Article 11 (2): No person shall be compelled to pay any tax the proceeds of compelled to pay any tax the proceeds of which are specially allocated in whole or which are specially allocated in whole or in part for the purposes of a religion in part for the purposes of a religion other than his own.other than his own.

• Article 11 (3): Every religious group has Article 11 (3): Every religious group has the right;-the right;-

• (a) to manage it own religious affairs(a) to manage it own religious affairs• (b) to establish and maintain institutions for (b) to establish and maintain institutions for

religious or charitable purposes religious or charitable purposes • (c) to acquire and own property and hold and (c) to acquire and own property and hold and

administer it in accordance with law administer it in accordance with law

• Article 11 (4): State law and in respect Article 11 (4): State law and in respect of the Federal Territories of Kuala of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, federal Lumpur, Labuan and Putrajaya, federal law may control or restrict the law may control or restrict the propagation of any religious doctrine propagation of any religious doctrine of belief among persons professing of belief among persons professing the religion of Islam,the religion of Islam,

• Article 11 (5): This Article does not Article 11 (5): This Article does not authorize any act contrary to any authorize any act contrary to any general law relating to public order, general law relating to public order, public health or moralitypublic health or morality

Respect in educationRespect in education• Article 12 (1): Without prejudice to the Article 12 (1): Without prejudice to the

generality of Article 8, there shall be no generality of Article 8, there shall be no discrimination against any citizen on the discrimination against any citizen on the grounds only of religion, race, descent or grounds only of religion, race, descent or place of Birth;-place of Birth;-

• (a) in the administration of any educational (a) in the administration of any educational institution maintained by a public authority and institution maintained by a public authority and in particular, the admission of pupils or students in particular, the admission of pupils or students or to payment of fees; oror to payment of fees; or

• (b) in providing out of the funds of a public (b) in providing out of the funds of a public authority financial aid for the maintenance or authority financial aid for the maintenance or education of pupils or students in any education of pupils or students in any educational institution (whether or nor educational institution (whether or nor maintained by a public authority and whether maintained by a public authority and whether within or outside the Federation)within or outside the Federation)

• Article 12 (2): Every religious group Article 12 (2): Every religious group has the right to establish and has the right to establish and maintain institutions for the education maintain institutions for the education of children in its own religion and of children in its own religion and there shall be no discrimination on the there shall be no discrimination on the ground only of religion in any law ground only of religion in any law relating to such institutions or in the relating to such institutions or in the administration of of any such law; but administration of of any such law; but it shall be lawful for the Federation or it shall be lawful for the Federation or a State to establish or maintain or a State to establish or maintain or assist in establishing or maintaining assist in establishing or maintaining Islamic Institution or provide or assist Islamic Institution or provide or assist in providing instruction in the religion in providing instruction in the religion of Islam and incur such expenditure as of Islam and incur such expenditure as may be necessary for the purposemay be necessary for the purpose

• Article 12 (3) No person shall be Article 12 (3) No person shall be required to received instruction in required to received instruction in or to take part in any ceremony or or to take part in any ceremony or act of worship of a religion other act of worship of a religion other than his ownthan his own

• Article 12 (4): For the purposes of Article 12 (4): For the purposes of Clause (3) the religion of a person Clause (3) the religion of a person under the age of eighteen years under the age of eighteen years shall be decided by his parent or shall be decided by his parent or guardianguardian

Right to propertyRight to property

• Article 13 (1): No person shall be deprived of Article 13 (1): No person shall be deprived of property save in accordance with lawproperty save in accordance with law

• Article 13 (2): No law shall provide for Article 13 (2): No law shall provide for compulsory acquisition or use of property compulsory acquisition or use of property without adequate compensation.without adequate compensation.