Tuesday, August 28, 2007

Answer to Lina Joy Case

Dear Professor and all blog mates
I 'm sorry for my late answer because of some problem of internet.

Answer:
1-Under international law, the Malaysian government establish a legitimate interest to deny Lina Joy a change of her identity. Based on human rights, freedom of religion means people can choose and quit any religion they do not want to practice. The Malaysian government can not establish a legitimate interest to deny Lina Joy a change of her identify based on the ICCPR, article 18 that states that every one shall have the right to freedom of though, conscience and religion. This right shall include freedom to have or to adopt a religion of belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.


2- If had you been in Lina Joy's position before she filed her first declaration, I would apply for converting the Islam for Christian because of marry reason. I make apply for the new religion according another reason as a new living style. base on the country has been adopted the international declaration and covenant as the article 18 of the covenant stated that everyone right to freedom of religious belief, to change, or adopt another religion as they wish. If Malaysian government as a member of the United Nations, they should respect the freedom of conversion any religion to another so forth. In any circumstance, The NRD, the civil court and Shariash Court have power to allow Lina Joy to remove the word Islam from the category on her identity card.
3-The decision of the Federation Court in Lina Joy is likely to affect thefuture development of rights in Malaysia the freedom of religion. The right of religion and right of equality in CEDEW that protect Lina Joy ‘s interest in this case can the Malaysian government legally derogate from.

2 comments:

Stan Starygin said...

Hi Sitha,

1. This is a fine argument. Why does the ICCPR apply to Malaysia in any even?

Stan Starygin said...

2. I believe this is exactly what Lina Joy did. Take a look at the facts of the case more closely.