Constitutional principles in relation to the rights of migrant workers to social security in Malaysia: adopting the human rights approach

Enactment of the social security laws in Malaysia does not take into consideration the Malaysian Constitution’s constitutional principles. Likewise, the Constitution itself does not specify the provisioning of social security rights. Nevertheless, two provisions are particularly relevant for the...

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Main Authors:	Mohamad Amin, Noor Shuhadawati, Ab Aziz, Norjihan, Ab Hamid, Zuraini
Format:	Article
Language:	English
Published:	Asian Economic and Social Society Publications 2019
Subjects:	K Law (General) KPG Malaysia
Online Access:	http://irep.iium.edu.my/75326/ http://irep.iium.edu.my/75326/ http://irep.iium.edu.my/75326/ http://irep.iium.edu.my/75326/1/RIGS.pdf

id	iium-75326
recordtype	eprints
spelling	iium-753262019-11-26T07:17:35Z http://irep.iium.edu.my/75326/ Constitutional principles in relation to the rights of migrant workers to social security in Malaysia: adopting the human rights approach Mohamad Amin, Noor Shuhadawati Ab Aziz, Norjihan Ab Hamid, Zuraini K Law (General) KPG Malaysia Enactment of the social security laws in Malaysia does not take into consideration the Malaysian Constitution’s constitutional principles. Likewise, the Constitution itself does not specify the provisioning of social security rights. Nevertheless, two provisions are particularly relevant for the recognition of fundamental rights to the migrant workers in Malaysia: firstly, equality of treatment and secondly, prohibition of slavery and forced labour. The concept of equality as enshrined in Article 8 of the Malaysian Federal Constitution states that all persons are equal before the law. Furthermore, Article 6 of the Constitution prohibits any form of slavery and forced labour. Hence, any form of discrimination, slavery, and forced labour to migrant workers cannot be tolerated. First, this paper aims to examine the basic principles of human rights framework in relation to migrant workers. Next, this paper seeks to analyse these constitutional principles in the light of Malaysian social security laws. Due to the lack of constitutional provisioning on social security in Malaysian Constitution, this paper also examines the experience from the South African Constitution because social security in the country has been constitutionally protected. Lastly, the possibility of implementing the same constitutional principles in Malaysian Constitution will be observed by adopting the human rights approach. Asian Economic and Social Society Publications 2019-09-27 Article PeerReviewed application/pdf en http://irep.iium.edu.my/75326/1/RIGS.pdf Mohamad Amin, Noor Shuhadawati and Ab Aziz, Norjihan and Ab Hamid, Zuraini (2019) Constitutional principles in relation to the rights of migrant workers to social security in Malaysia: adopting the human rights approach. International Journal of Asian Social Science, 9 (10). pp. 508-515. ISSN 2226-5139 E-ISSN 2224-4441 http://www.aessweb.com/pdf-files/IJASS-2019-9(10)-508-515.pdf 10.18488/journal.1.2019.910.508.515
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 Mohamad Amin, Noor Shuhadawati Ab Aziz, Norjihan Ab Hamid, Zuraini Constitutional principles in relation to the rights of migrant workers to social security in Malaysia: adopting the human rights approach
description	Enactment of the social security laws in Malaysia does not take into consideration the Malaysian Constitution’s constitutional principles. Likewise, the Constitution itself does not specify the provisioning of social security rights. Nevertheless, two provisions are particularly relevant for the recognition of fundamental rights to the migrant workers in Malaysia: firstly, equality of treatment and secondly, prohibition of slavery and forced labour. The concept of equality as enshrined in Article 8 of the Malaysian Federal Constitution states that all persons are equal before the law. Furthermore, Article 6 of the Constitution prohibits any form of slavery and forced labour. Hence, any form of discrimination, slavery, and forced labour to migrant workers cannot be tolerated. First, this paper aims to examine the basic principles of human rights framework in relation to migrant workers. Next, this paper seeks to analyse these constitutional principles in the light of Malaysian social security laws. Due to the lack of constitutional provisioning on social security in Malaysian Constitution, this paper also examines the experience from the South African Constitution because social security in the country has been constitutionally protected. Lastly, the possibility of implementing the same constitutional principles in Malaysian Constitution will be observed by adopting the human rights approach.
format	Article
author	Mohamad Amin, Noor Shuhadawati Ab Aziz, Norjihan Ab Hamid, Zuraini
author_facet	Mohamad Amin, Noor Shuhadawati Ab Aziz, Norjihan Ab Hamid, Zuraini
author_sort	Mohamad Amin, Noor Shuhadawati
title	Constitutional principles in relation to the rights of migrant workers to social security in Malaysia: adopting the human rights approach
title_short	Constitutional principles in relation to the rights of migrant workers to social security in Malaysia: adopting the human rights approach
title_full	Constitutional principles in relation to the rights of migrant workers to social security in Malaysia: adopting the human rights approach
title_fullStr	Constitutional principles in relation to the rights of migrant workers to social security in Malaysia: adopting the human rights approach
title_full_unstemmed	Constitutional principles in relation to the rights of migrant workers to social security in Malaysia: adopting the human rights approach
title_sort	constitutional principles in relation to the rights of migrant workers to social security in malaysia: adopting the human rights approach
publisher	Asian Economic and Social Society Publications
publishDate	2019
url	http://irep.iium.edu.my/75326/ http://irep.iium.edu.my/75326/ http://irep.iium.edu.my/75326/ http://irep.iium.edu.my/75326/1/RIGS.pdf
first_indexed	2023-09-18T21:46:35Z
last_indexed	2023-09-18T21:46:35Z
_version_	1777413490751832064

Constitutional principles in relation to the rights of migrant workers to social security in Malaysia: adopting the human rights approach

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