Body 3: Comparison, similarities, differences (Malaysia and UDHR/ECHR)

UDHR is a document that defines what the basic set of internationally recognised
human rights while ECHR is an international treaty under which its signatories agree
to abide by its requirements.
!!!Example: Death penalty.
Both documents include a ‘right to life’. UDHR has associated protocols that urge
countries to limit the use of the death penalty, while the ECHR make it clear that the
legal interpretation of the ECHR ‘right to life’ includes banning capital punishment.

Comparison
 Guarantees
Similarities:
ECHR Federal Constitution of Malaysia
Art 2: Right to liberty and security Art 5: Liberty of the person
Article 9: Freedom of thought, Art 11: Freedom of Religion
conscience and religion
Art 10: Freedom of expression Art 10: Freedom of Speech, Assembly
Art 11: Freedom of assembly and and association
association
Protocol:
Article 1: Protection of property Articles 13: Rights to property
Article 2: Right to education Article 12: Rights in respect of
education

UDHR Federal Constitution of Malaysia

Article 5: Personal Liberty
Art 8: Equality and non-discrimination
Art 9: Protection against banishment and Art 9,13: Freedom of movement and
freedom of movement
Art 10(1)(a): Freedom of speech
Art 10(1)(b): Freedom of assembly
Art 10(1)(c): Freedom of association
Art 11: Freedom of religion
Art 12: Rights in respect of education
Art 13: Right to property
Art 14-28: Right to citizenship
Art 119: Right to vote in election
Art 3: Right to life, liberty and security
of person
Art 2,3,6,7,23(2)
residence
Art 19: Right to freedom of opinion and
expression
Art 20(1): Right to freedom of peaceful
assembly
Art 20(2), 23(4): Right to freedom of
peaceful association
Art 18: Right to freedom of thought,
conscience and religion
Art 26: Right to education
Art 17: right to own property
Art 15: Right to a nationality.
Art 21(1): Right to take part in the
government of his country
Differences
ECHR Federal Constitution of Malaysia
- Article 12: Right to Marry
Art 8: Right to respect for private and -
family life

 Restrictions
Similarities
ECHR Federal Constitution of Malaysia
Art 4: Slavery and forced labour Art 6: Prohibition of slavery and forced
prohibited labour
Art 14: Prohibition of Discrimination Art 8: Equality

UDHR Federal Constitution of Malaysia

Art 11(2): Claiming Human Right Art 7(1): Prohibition of retrospective
No one shall be held guilty of any penal offence on criminal laws
account of any act or omission which did not constitute
a penal offence, under national or international law, at
the time when it was committed. Nor shall a heavier
penalty be imposed than the one that was applicable at
the time the penal offence was committed.
Article 6: Prohibition of slavery and Article 4: No one shall be held in
forced labour slavery or servitude

Differences
ECHR Federal Constitution of Malaysia
Art 3: Prohibition of torture -
UDHR is a document that defines what the basic set of internationally recognised
human rights while ECHR is an international treaty under which its signatories agree
to abide by its requirements.

One way to think of the difference is with regard to the death penalty. Both documents
include a ‘right to life’. However, while the UDHR has associated protocols that urge
countries to limit the use of the death penalty, the ECHR has rulings from the ECtHR
that make it clear that the legal interpretation of the ECHR ‘right to life’ includes
banning capital punishment because the ECHR has a court and treaty status, its clauses
are subject to being interpreted in the context of case law, and to have binding
implementations.
https://hhq.com.my/new/article/human-rights-a-general-study-in-malaysia-
perspective/
http://uumjls.uum.edu.my/images/2011-PastIssues/A-COMPARATIVE-ANALYSIS-
OF-THE-PRACTICE-OF-THE-UNITED-KINGDOM-AND-MALAYSIA-IN-
RESPECT-OF-FREEDOM-OF-EXPRESSION.pdf