Tuesday, June 19, 2007

Online Discussion Topics


Below is the preliminary list of online discussions that will be held on this forum within the next 3 months. I am open to suggestions as to other human rights-related topics that some -- or all -- of you might be interested in.

1. Differences between the approach to rights in the Code of Hammurabi and Magna Carta
2. Torture and inhuman and degrading treatment and punishment in Police Detention in Southeast Asia (SEA): Case of alleged torture of Mr Metta Saiphan and Mr Anucha Siripornna Ratchasima
3. Universality of human rights; cultural deference and internationalization of human rights: Case of Lina Joy in Malaysia (Joy v Majlis Agama Islam Wilayah Persekutuan)

Prof. Starygin


TES said...

I want to leave some comments about the Lina Joy.
Article 18 of Human Rights law said that everyone have their own right to decide whether they want to change or choose their own religion and if any country that praising one religion and ban their people about changing their religion is against the Human Rights law.
The reason why Malaysian rejected her case and she lost the case because the constitutional law of Malaysia said Malay is defined as Muslim. According to this we will think that being a citizen, constitutional law is the highest law so citizen must obey the law. The court made the decision according to the constitutional law too. So it's really hard to complain about it. If all the citizen don't obey the law in the country, there will be anarchy. Another side, if we look at the Human rights law, the way Malaysia court decide is completely against the Human Rights law. People have their own right to decide. Even being an authority but they can't stop people to do what they think is right.
In the conclusion, it seems that there is a conflict between international law and local law. In my opinion i will say that, Malaysia shouldn't decide too absolute about the religion to their people. Because religion is about something people believe in, trust in, so we shouldn't make a rule for them that they 'MUST' believe in this or believe in that. If Malaysia really want all their people to be muslim, they have to do something to make them believe in it. Or in the furture there might will be a religion argument happens in the country and caurses alot of trouble. So why don't we make thing peace from now on.

DETH said...

I want to share comments about Lina Joy case.

Lina Joy is original Malaysian. She want to change her name and convert her religion from Muslim to Christian. She lost the case. As we know that Malaysia is a country that put Muslim as an official religion. Being a citizen we have to obey the constitutional law. The constitutional law stated that ethnic Malays are defined Muslim. So if Lina Joy want to convert her religion from Muslim to Christian is against the constitutional law. And if the court always allow their people to do anything against the rule then their country will be anarchy.

But being a human there is always have a law to protect them, which is Human Rights law. Malaysia decide not to let she wins the case just because the constitutional and blocking her from her will. Under art 18 of Human rights stated that people have their own right to choose to believe, to change the religion through their wish. And if one country praise one religion and bannig their people from changing the religion is against the human rights. This case we can see there is a conflict between human rights law and Malaysian constitional law.

In my opinion, the Malaysian shouldn't bloc their people about changing their religion. Even they declare their country as a Muslim country but religion is something that they should make their people believe by their own not by forcing them. IF they still continually not thinking about this thing, there will be a big problem about religion in Malaysia from a small mistake.