answer about lina case
Hi professor and all ,
Answer about Lina Joy case
1).Under international Law, as we know today, the Malaysia government can not establish a legitimate interest to deny Lina Joy a change of her identity.
International instruments are Universal Declaration of Human Right (UDHR) and (ICCPA) in article 18 “Everyone has right to freedom, conscience, and religion, this right includes freedom to change his religion …..”But the government is not likely to invoke to justify this measure that send to Islamic Shariah courts.
2). Differently in Lina Joy’s position before filed first declaration I will decide to chose civil court because according to article 11 of the constitution “ Every person has right to profess and practice his religion” and article 8 “ all person are equal before law and prohibition discrimination on the ground of only religion, …….”
3). I believe the decision of the Federal Court in Lina Joy is likely to affect the future development of right in Malaysia by the Federal Court is reject Lina ‘s request to delete the word “Islam” from her IC that this action is violate the constitution of state.
The right that protect Lina Joy’s interest in this case are (UDHR) and International Convention of Civil and Political Right that according to article 18 “ Everyone shall have right to freedom of thought, conscience and religion. This right shall include freedom to have or adopt a religion or believe of his choice, and freedom, either individual
3 comments:
I understand what you have answered to the first question of the first part that according to the international law of the UDHR and ICCPR in the article 18 that every one has right to freedom of religion. It is reasonable but you seem to miss the second part of the question which it is likely to ask base on what factor that the government of Malaysia, since it adopted the international covenant and declaration, did not comply as the rule regulated. I have an idea that the court of Malay may take their constitution as the base and the practice of the tradition or they may take the excuse that because of the reason that Lina Joy change identity and intend to marry with Christian man. The law has no legal right to punish Lina Joy but she deserves the morality punishment by the community. If the court decided to give the ID change to Lina Joy, they will face the social punishment and the result is the social disorder. I said this because not all the people understand the law and may be the court understand the situation of the country or the society so that they dicided so.
I am fine with the second and the third answer.
Did Malaysia ever adopt either instrument?
The link below might be instructive of the status of ratification of the ICCPR by particular states
http://www.ohchr.org/english/law/ccpr-ratify.htm
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