Tuesday, August 28, 2007


Answer 1. The Malaysian Government can not establish a legitimate interest to deny Lina Joy a change of her identity because the international law, the Universal Declaration on Human Right in the article 18 stated that “everyone has right to freedom of religion and the right shall include the freedom to change his or her religion or belief.” Furthermore, in the same article of the ICCPR also stated that everyone has right to have or adopt another religion. Based on these two articles of the covenant and declaration, the Malaysian Government has no right to deny Lina Joy’s request if the country adopts these two declaration and covenant. However, the Malaysian Government is likely based on its constitution of the article 8 states the Islam is the religion of federation and other religions may be practiced in peace and the constitution that does not allow an Islam to change its religion.

Answer 2. If I were in Lina Joy position, I would not request the change of the ID from Islam to Christian with the intent to marry with the Christian but I have another approach to file a declaration that I wanted to change the religion because I want to give new thing for prosperity and development and I did 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.

Answer 3. I believe that the decision of the Federal Court in Lina Joy is likely to effect the future development of rights in Malaysia and they do not take the international law as a legal law but the only statement that has no effect on the local law. They decided that, they really violate the right to freedom of Lina Joy that he deserves to have right to do and to choose what she has right to do in accordance with the declaration and covenant stated. Lina Joy has right to protect her interest in the right to freedom of religion in the article 18 of the UDHR and ICCPR.


moen savoeun said...

Hi KA!

2. If you wish not to change your identity of religion is pretty good, but you will live in a social vacuum. Moreover, if you intent to marry Christian, and the state does not allow because you are Muslim, what should you do? You respect your heart or obey the wrong concept of the state’s law? To me, if you really love and want to marry a Christian, you must to oppose the government. In addition, if you do not compete, it means you lose. If you compete, you will have chance to win. Furthermore, you should examine your country whether and how much level of democracy your government provides to the society. Plus, you should take chance to let the others or international community know your concerns and interest. In short, I think you should do as Lina did.

Stan Starygin said...

Ka -

Why do the UDHR and ICCPR apply to Malaysia? Did it sign either of these instruments?