Thursday, August 30, 2007

Answer to Lina Joy Question

Dear All and Professor!

Below is about Lina Joy case answer:

1. According to the International Law today, the Malaysian government can not created legitimate interest to deny Lina Joy in changing her identity because base on the UDHR in article 18 stated that “Everyone has the right to freedom of thought, conscience and religion, this right includes freedom to change his religion or belief…………..” It means that everyone have their own rights to do what they want and belief without against to the law. At the same time, the article 18 in ICCPR said that “Everyone should have the right to freedom of thought, conscience and religion. This right should include freedom to have or adopt a religion or belief of his choice…………..” It means they can choose and change a religion that they belief, if they do not like that religion, they can change and adopt a new one. If the Malaysia practices these two articles, so the government has no rights to deny the Lina Joy in changing the identity card of Lina Joy.

2. If I stayed in the situation of the Lina Joy, I will not do like she does because she known already in the constitution law of her country. Law stated that no one can not change to other religion, if people not respect this law, they will get punishment by going to the jail or sometimes have a death penalty. I will find other solution to change identity like I’ll hire lawyer to defense my case and I go the international organization that related to the human rights to discuss about my case. If still not work, I’ll find other ways to reach my goal.

3. Sure, I believed that the decision of the Federal Court in case of Lina Joy will be affect to the future development of the rights in Malaysia because their decision can be violet to the human right of individual and the freedom of rights to do something. According to the International Law both UDHR and ICCPR in the same article 18 have been created to protect the human rights especially the rights of changing in religion. In this case, these laws can protect Lina Joy’s interest and can help her to demand her rights in changing identity card. If the Malaysian government adopted the democracy and implement the International Law, so they can not derogate her case and other rights from the individual.

Thanks for your comments.


Dara said...

Dear Sokkanha and all!

After i have read your answers to lina joy case. Answer number one. You wrote that if the government of Malaysian practices these two rights, the government has no rihts to deny Lina joy case. But when we see deeply to Islamic law new allow someone to change his or her religion and the Malaysian Government never these two kinds of UDHR or ICCPR at all.
That's why the government of Malaysian reject the request of Lina Joy case.

Dara said...

Dear Ravy and All!

I have read your answer to question number one. Can you clearify your statement because I am not sure about that?

You wrote that according to Article 11 of the constituion. What kind of constituition that you want to mention?
Your answer it deos not make sense to me.
And answer number 3, you wrote that if the federal court reject Lina joy case. it will violate the constitution.Which article that say that Federal court violate the right and the constitution of the state. You didn't mention on that point.

Stan Starygin said...

Hi Kanha,

Why should Malaysia follow the UDHR and the ICCPR?