Tuesday, August 28, 2007

Answer to the case of Lina Joy

Hi. Fro Stan and everyone

After I read the questions and the text of Lina Joy, for my idea I think that:

1/- Under international law, as we know it today Malaysian Government can not establish a legitimate interest to deny Lina Joy a change her identity and in international instrument ICCPR and ICESCR and within them which article 2.1 and 2.2 .
- Yes, Malaysian Government likely to invoke to justify this measure.

2/- If I had been in Lina Joy's position before I filed my first declaration, I would prepare the file with international law with my declaration, according to all article 2 in ICCESCR.

3/-I have believed the decision of Federal court in Lin Joy is likely to affect the future development of right, in Malaysia, because it's not follow the international law.
-In Rights in UDHR, article 18 can really protect Lina Joy's interest and this case, Malaysian Government can not legally derogate from Lina Joy.

From Mr Im Meng

Best regard

1 comment:

Stan Starygin said...

Hi Meng,

1. I am not sure I understand "yes, Malaysian government likely to invoke to justify this measure". Could you clarify this?

2. That's a strong point you are making here. Is Malaysia a state-party to the ICCPR though? If not, what international human rights instruments is Malaysia a state-party to which contains the right to freedom of religion?

3. Do you there is anything positive that can potentially come out of the decision in Lina Joy?