THEORETICAL FOUNDATION –

HUMAN RIGHTS
INTRODUCTION TO CRIMINAL JUSTICE SYSTEM
BBLE 3043
BY MISS AMALINA
What is Human Rights?
• Human rights are rights inherent to all human beings, whatever our nationality, place of residence,
sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally
entitled to our human rights without discrimination. These rights are all interrelated, interdependent
and indivisible.
• Universal human rights are often expressed and guaranteed by law, in the form of treaties,
customary international law, general principles and other sources of international law. International
human rights law lays down obligations of Governments to act in certain ways or to refrain from
certain acts, in order to promote and protect human rights and fundamental freedoms of individuals
or groups.
• Human rights include the right to life and liberty, freedom from slavery and torture, freedom of
opinion and expression, the right to work and education, and many more.
Human Rights Law in
Malaysia
• In Malaysia, human rights are as prescribed in the UDHR.
• Some of the UDHR provisions are similar to the Fundamental liberties as
provided in the Part II, Article 5 to 13 of the Federal Constitution (FC),
with some limitations.
• FC provides for the preservation of basic human rights standards.
• The court ensures that State actions are within their allocated authority
and the right and freedoms provided under the FC are not violated.
THE UDHR AND THE FEDERAL
CONSTITUTION
• A large number of provisions in the Universal Declaration of Human Rights (1948) find
their correspondence in the Federal Constitution of Malaysia. Such as:
Federal Constitution Universal Declaration of Human
Rights

Article 5 – Personal Liberty Articles 3, 9.

Article 6 – Abolition of slavery and forced labour Article 4

Article 7(1) Prohibition of retrospective criminal laws. Article 11(2)

Article 7(2) – Protection against double jeopardy
Article 8 – Equality and non-discrimination Articles – 2, 6, 7, 23(2).

Article 9 – Protection against banishment and freedom of Articles 9, 13

movement
Article 10(1)(a) – Freedom of speech Article 19

Article (10)(1)(b) – Freedom of assembly Article 20(1)

Basic Human Rights in Malaysia
Article 5 (Liberty of Person)
(1) Provides for the right to life or personal liberty save in accordance with law.
(2) If a person is being unlawfully detained, the court shall investigate or inquire into such
complaint and, unless satisfied the detention is lawful, shall order him to be brought before the
court and release him.
(3) The arrested person shall be informed of the grounds behind his arrest as soon as may be
and shall be allowed to consult and be defended by a legal practitioner of his choice.
(4) The arrested person who were not released must be produced before a magistrate without
any reasonable delay, and in any case within twenty-four hours (excluding the time of any
necessary journey) and shall not be further detained in custody without the magistrate’s consent .
Article 6 (Slavery and forced labour prohibited)
(1) The right to be prevented from being held in slavery.
(2) All kinds of forced labour are prohibited, but Parliament may by law provide for compulsory service for
national purposes.

Article 7 (Protection against retrospective criminal laws and repeated trials)

(3) No one shall be punished for an act or omission that was punishable by law if it was done or made, and no
person shall put up with a greater punishment for an offence than what was prescribed by law during the time
the offence was committed or done.
(4) A person who has been acquitted or convicted of an offence shall not be retried for the same offence unless
where the conviction or acquittal has been quashed and a retrial was ordered by a court superior to that by
which he was acquitted or convicted.
Article 8 (Equality)
(1) Everyone is equal before the law and entitled to the equal
protection of the law.

Article 9 (Prohibition of banishment and freedom of

movement)
(1) Provides for the right of a citizen not to be banished or
excluded from the Federation.
(2) Provides the right to every citizen to move freely throughout
the Federation and to reside in any part thereof, subject to Clause
(3) and to any other law relating to the security of the Federation
or any part thereof, public order, public health, or the punishment
of offenders.

Article 10 (Freedom of speech, assembly and association)

(1) Subject to Clauses (2), (3) and (4), provides the right to every
citizen to:
a. Freedom of speech and expression;
b. Assemble peaceably and without arms;
c. Form associations

Restrictions: Clauses (2), (3) and (4).

Article 11 (Freedom of religion)
(1) Provides the right to everyone to profess and practice
religion and, subject to Clause (4) to propagate it.
(3) Every religious group has the right to
(a) manage its own religious affairs;
(b) set up and maintain institutions for religious or
charitable purposes;
and
(c) obtain and own property and hold and administer it in
compliance
with law.
(4) State law and in respect of the Federal Territories of
Kuala Lumpur,
Labuan and Putrajaya, federal law may control or restrict the
propagation of any religious doctrine or belief among the
persons professing the Islamic religion

Article 12 (Rights in respect of education)

Article 13 (Rights to Property)
Why are human rights so important?
• Every person has dignity and value. One of the ways that we recognise the fundamental worth of
every person is by acknowledging and respecting their human rights. Human rights are a set of
principles concerned with equality and fairness. They recognise our freedom to make choices about
our lives and develop our potential as human beings. They are about living a life free from fear,
harassment or discrimination.
What are your thoughts about human rights?

What makes you believe that human rights are important?

Human Rights in one video

https://www.youtube.com/watch?v=M_HsXzPpYCg