Malaysia’s ratification of the UN convention on the rights of persons with disabilities (UN CRPD)

Malaysia’s ratification of the UN convention on the rights of persons with disabilities (UN CRPD)

Marginalization and discrimination of Persons with Disabilities (PWD) by a certain segment of societies are common problems in many countries mainly due to lack of legal measures in addressing the problems. This is one of the main factors that leads to the creation by the UN of the Convention on the...

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Main Authors: Mokhtar, Khairil Azmin, Md Tah, Ikmal Hisham
Format: Article
Language:English
Published: IJBEL 2016
Subjects:
K Law (General)
KPG Malaysia
Online Access:http://irep.iium.edu.my/54634/
http://irep.iium.edu.my/54634/
http://irep.iium.edu.my/54634/1/IJBEL%202016.pdf
id iium-54634
recordtype eprints
spelling iium-546342017-07-17T07:48:00Z http://irep.iium.edu.my/54634/ Malaysia’s ratification of the UN convention on the rights of persons with disabilities (UN CRPD) Mokhtar, Khairil Azmin Md Tah, Ikmal Hisham K Law (General) KPG Malaysia Marginalization and discrimination of Persons with Disabilities (PWD) by a certain segment of societies are common problems in many countries mainly due to lack of legal measures in addressing the problems. This is one of the main factors that leads to the creation by the UN of the Convention on the Rights of Persons with Disabilities and the Optional Protocol (UN CRPD) in 2006. The treaty is significant due to various reasons and one of them is because it shifts the promotion and protection of the rights of people with disabilities from medical or charity model towards social model which adopts human rights based approach. This approach has become recent phenomena in international law which have been used by jurisdictions all over the world. As a member of the international community, Malaysia became a signatory of the UN CRPD in 2008 and later ratified it in 2010. The commitment was the impetus for the enactment of the PWD Act 2008. Malaysia, however, has made reservations on two main articles of the CRPD namely Article 15 (freedom of torture or cruel, inhuman or degrading treatment or punishment) and Article 18 (liberty of movement and nationality). It also does not sign the Optional Protocol which allows individual and groups complaint to the CRPD Committee for any breach occurred. This paper analyzes Malaysian’s compliance with the rules and obligations under the UN CRPD. The Report of Roundtable Discussion on Removing Reservations of International Conventions (CEDAW, CRC & CRPD) from the Human Rights Commission of Malaysia (SUHAKAM) will be referred as part of the duty of SUHAKAM to ensure government’s compliance with international human rights treaty. It is concluded that the reservation of the articles should be removed to ensure better progress of development on human rights in Malaysia. IJBEL 2016 Article PeerReviewed application/pdf en http://irep.iium.edu.my/54634/1/IJBEL%202016.pdf Mokhtar, Khairil Azmin and Md Tah, Ikmal Hisham (2016) Malaysia’s ratification of the UN convention on the rights of persons with disabilities (UN CRPD). International Journal of Business, Economics and Law, 11 (4). pp. 83-87. ISSN 2289-1552 http://ijbel.com/previous-issues/december-2016/vol-11-december-2016-issue-4-law/
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
topic K Law (General)
KPG Malaysia
spellingShingle K Law (General)
KPG Malaysia
Mokhtar, Khairil Azmin
Md Tah, Ikmal Hisham
Malaysia’s ratification of the UN convention on the rights of persons with disabilities (UN CRPD)
description Marginalization and discrimination of Persons with Disabilities (PWD) by a certain segment of societies are common problems in many countries mainly due to lack of legal measures in addressing the problems. This is one of the main factors that leads to the creation by the UN of the Convention on the Rights of Persons with Disabilities and the Optional Protocol (UN CRPD) in 2006. The treaty is significant due to various reasons and one of them is because it shifts the promotion and protection of the rights of people with disabilities from medical or charity model towards social model which adopts human rights based approach. This approach has become recent phenomena in international law which have been used by jurisdictions all over the world. As a member of the international community, Malaysia became a signatory of the UN CRPD in 2008 and later ratified it in 2010. The commitment was the impetus for the enactment of the PWD Act 2008. Malaysia, however, has made reservations on two main articles of the CRPD namely Article 15 (freedom of torture or cruel, inhuman or degrading treatment or punishment) and Article 18 (liberty of movement and nationality). It also does not sign the Optional Protocol which allows individual and groups complaint to the CRPD Committee for any breach occurred. This paper analyzes Malaysian’s compliance with the rules and obligations under the UN CRPD. The Report of Roundtable Discussion on Removing Reservations of International Conventions (CEDAW, CRC & CRPD) from the Human Rights Commission of Malaysia (SUHAKAM) will be referred as part of the duty of SUHAKAM to ensure government’s compliance with international human rights treaty. It is concluded that the reservation of the articles should be removed to ensure better progress of development on human rights in Malaysia.
format Article
author Mokhtar, Khairil Azmin
Md Tah, Ikmal Hisham
author_facet Mokhtar, Khairil Azmin
Md Tah, Ikmal Hisham
author_sort Mokhtar, Khairil Azmin
title Malaysia’s ratification of the UN convention on the rights of persons with disabilities (UN CRPD)
title_short Malaysia’s ratification of the UN convention on the rights of persons with disabilities (UN CRPD)
title_full Malaysia’s ratification of the UN convention on the rights of persons with disabilities (UN CRPD)
title_fullStr Malaysia’s ratification of the UN convention on the rights of persons with disabilities (UN CRPD)
title_full_unstemmed Malaysia’s ratification of the UN convention on the rights of persons with disabilities (UN CRPD)
title_sort malaysia’s ratification of the un convention on the rights of persons with disabilities (un crpd)
publisher IJBEL
publishDate 2016
url http://irep.iium.edu.my/54634/
http://irep.iium.edu.my/54634/
http://irep.iium.edu.my/54634/1/IJBEL%202016.pdf
first_indexed 2023-09-18T21:17:17Z
last_indexed 2023-09-18T21:17:17Z
_version_ 1777411646784798720

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