Tuesday, August 28, 2007

Answer to Lina Joy Question

Dear Prof. Stan

I am really sorry for late answering the Lina Joy's question because the internet was down.

I would like to submit you the answer of Lina Joy Case.

1. In response to the question number 1 I personally think that the Malaysian Government can not establish a ligitimate interest to deny Lina Joy a change of her religion. Specifically, the UDHR and ICCPR are the international instrument that state Malaysian government can not deny Lina Joy Case. Based upon the article 18 in the UDHR and ICCPR state very clear about the right of everyone to change and adopt other religion as their identity. And the Malaysian government refrred to its constitution of the nation that clarify that Islam is the religion of the state. Even though the constitution state everyone have right to practice any religion, Islam and other religion but it does not state that people who already practice Islam can change his/her religion to practice other religion and if other religion wanted to move to practice Islam is accepted.

2. If I am in the case as Lina Joy I won't prefer to practice as Lina Joy. I think that the constitution of Malay assert already about the right to religious freedom but Lina Joy intent to change religion to marry Christian Man if I am not mistaken in the Malay constitution do not allow to change religion and to marry but if people wanted to marry it does not necessary to change the religion they can married legally.

3. I beleive that the decision of federal court in Lina Joy is likely to effect the future in term of the development of right in Malaysian and they do not respect the international law that they already adopted. I found in Jina Joy Case it is really violate the right of Lina Joy in term of freedom to choose the religion to practice, of course, Lina Joy make decision to change her ID is not wrong because what she had done in accordance to the declaration and convenant stated that Lina Joy, in the article 18 of UDHR and ICCPR, has the right to protect her interest in term of right to freedom of religion and if she wanted to change the religion that she think it does not really benefit her interest she legally to change to other.



moen savoeun said...

Hi friend!

2. If you do not struggle for end, you might loose chance in your life. If do it and win from it you will proud yourself, and it become a big experience.

muysopheak said...

2. Rith if you said that the constitution of Malay stated that you do not have rights to change the religion and what do you think about the ICCPR, Malaysia already signed this. Do you think which one of this has the power to enforce. If Malay find out that the covention is difference from their constitution, and why they still sign in the convention. What is your idears.