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
Thursday, August 30, 2007