Answer the 3 questions
1. Under international law both UDHR and ICCPR, related to article 18, Malaysian government will not probably to establish a legitimate interest to deny Lina Joy’s case. Unless Lina Joy’s case has affected and can be considered as a “derogation”. According to ICCPR on article 4, “derogation measure” occurred legally to every states only when the state faces with a situation of exceptional and actual or imminent danger which threatens the life of the nation. For Muslim and Malaysian, they don’t support Lina Joy’s case and they don’t make any harmful action to the nation. Therefore, Malaysian government is likely to invoke to justify this case according to its constitution or change decision making over Joy’s case.
2. If I were Lina Joy, the first thing I would do is to study/know about the local law that related to the case. Then look for a good attorney to make up a field and submit to U.N for Human Right because I found that the local law won’t be worked/bias with my case and not obey International Law.
3. Surly, the decision of the Federal court in Lina Joy’s case is likely to affect not only to the future development of rights in Malaysian but also particularly affect to the modern liberal states because this decision is against and violated international law. Therefore, Malaysian government should change this law and apply Lina Joy’s case for international law before derogation occur that I suppose not only Lina Joy in the future but another group of Muslim citizen that they want to convert their religion too for living in a democratic society. Thus, the stand still problem will be realized by following International Law.
By Vutha Ponnarith
4 comments:
Rith,
Great technical response to Q1. Why does Art. 4 of the ICCPR apply to Malaysia though?
To Q2, what would you expect the UN to do for you if you had been in Lina Joy's position back then?
How exactly do you believe this decision will affect the rights' status in Malaysia?
Q1, I am not sure Malaysian thought apply to ICCPR or not yet so far, cus I don't see in the book if have in the book how can I know more detail Malaysian had join ICCPR or not, but I think every state should respect international law
Q2. Fild a complain to secretary general of U.N if they can consider my case and take action according to law with Federal Court of Malaysia. or I don't change my ID if the problem getting worst.
Q3.This decision will affect to all thoes whom want to change their identity and not get successfully because of if they can be changed somehow, they still have the original identity at the back of their ID card. Then s.o will know the original they are come from, this violate the human right.
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