In response to Reader Raja Long's statement that Malaysian Human Rights Commission (Suhakam) member Prof Datuk Hamdan Adnan said that asking detainees to strip and do ear squats was against the universal declaration of the right to dignity, I must say that such statement seems unfounded.
In the internationally recognized Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights (ECHR), there is a RIGHT TO LIFE, PROHIBITION OF TORTURE, SLAVERY & DEROGATION & DISCRIMINATION, RIGHTS TO LIBERTY & SAFETY, & no punishment without trial. The Convention also do not permit retrospective law on criminal offences.
I don't know which Article is related to what Prof Hamdan had referred when he talks about RIGHTS TO DIGNITY. Maybe, he has referred to other Conventions or RULE OF LAW from sources which I had not discovered yet.
It will be good to understand the fundamental philosophy and principles of Human Rights as propounded in the ECHR and the UK Human Rights Act 1998.
European Covention on Human Rights (ECHR)
ECHR was adopted under the auspices of the Council of Europe in 1950 to protect human rights and fundamental freedoms. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity.
The Convention establishes the European Court of Human Rights (ECtHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court; the decisions of the Court are legally binding, and the Court has the power to award damages. State Parties can also take cases against other State Parties to the Court, although this power is rarely used.
The aim of the Council of Europe in introducing the ECHR is to achieve greater unity between its Members and to be pursue the maintenance and further realization of Human Rights and Fundamental Freedoms.
The profound belief in those Fundamental Freedoms which are the foundation of justice and peace in the world and are best maintained on the one hand by an effective political democracy and on the other by a common understanding and observance of the Human Rights upon which they depend.
The Convention consists of 66 Articles and 5 Protocols of which it has been increased to thirteen protocols (as at 2002) which are opened for signatures.
There are 18 substantive Articles and 6 substantive Protocols:
Article 1 - Obligation to respect human rights
Article 2 - right to life
Article 3 - prohibition of torture
Article 4 - prohibition of slavery
Article 5 - right to liberty and security & security of person
Article 6 - right to a fair trial
Article 7 - No punishment without law & Prohibition on retrospective criminal offences
Article 8 - right to respect for private life
Article 9 - right to freedom of thought, conscience and religion
Article 10 - right to freedom of expression
Article 11 - right to freedom of assembly and association
Article 12 - right to marry
Article 13 - right to an effective remedy
Article 14 - prohibition of discrimination
Article 15 - derogations
Article 16 - exemption for political activities of aliens
Article 17 - prohibition of abuse of rights
Article 18 - limitations on permitted restrictions of rights
The 6 substantive Protocols are:
Protocol 1 - property, education, elections
Protocol 4 - civil imprisonment, movement, expulsion
Protocol 6 - death penalty
Protocol 7 - expulsion, criminal appeals, compensation, double jeopardy, spousal equality
Protocol 12 - discrimination
Protocol 13 - death penalty
Human Rights Act 1998 (United Kingdom)
The Human Rights Act 1998 is a United Kingdom Act of Parliament which came into force on October 2, 2000. Its aim is to "give further effect" in UK law to the rights contained in the ECHR. The Act makes available in UK courts a remedy for breach of a Convention right, without the need to seek go to ECtHR in Strasbourg to seek legal redress on violation of human rights issues. Death penalty in UK law is now totally abolished.
The HRA 1998 makes it illegal for any public body to act in a way which is incompatible with the Convention, unless the wording of an Act of Parliament states the contrary to ECHR. HRA 1998 also requires UK judges take into account all decisions handed down from Strasbourg court, and to interpret legislation, as far as possible, in a way which is compatible with the Convention. If it is not possible to interpret an Act of Parliament so as to make it compatible with the Convention, the judges are not allowed to override it. All they can do is to issue a declaration of incompatibility. This declaration does not affect the validity of the Act of Parliament: in that way, the Human Rights Act seeks to maintain the principle of Parliamentary Sovereignty of the UK government. An individual can still take his case to the Strasbourg court as a last resort.
Those interested to understand more can read it at:
Universal Declaration of Human Rights
ECHR HRI
ECHR Wikipedia
Wikipedia HRA 1998
OPSI HRA 1998
DCA UK
In the internationally recognized Convention for the Protection of Human Rights and Fundamental Freedoms, also known as the European Convention on Human Rights (ECHR), there is a RIGHT TO LIFE, PROHIBITION OF TORTURE, SLAVERY & DEROGATION & DISCRIMINATION, RIGHTS TO LIBERTY & SAFETY, & no punishment without trial. The Convention also do not permit retrospective law on criminal offences.
I don't know which Article is related to what Prof Hamdan had referred when he talks about RIGHTS TO DIGNITY. Maybe, he has referred to other Conventions or RULE OF LAW from sources which I had not discovered yet.
It will be good to understand the fundamental philosophy and principles of Human Rights as propounded in the ECHR and the UK Human Rights Act 1998.
European Covention on Human Rights (ECHR)
ECHR was adopted under the auspices of the Council of Europe in 1950 to protect human rights and fundamental freedoms. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity.
The Convention establishes the European Court of Human Rights (ECtHR). Any person who feels their rights have been violated under the Convention by a state party can take a case to the Court; the decisions of the Court are legally binding, and the Court has the power to award damages. State Parties can also take cases against other State Parties to the Court, although this power is rarely used.
The aim of the Council of Europe in introducing the ECHR is to achieve greater unity between its Members and to be pursue the maintenance and further realization of Human Rights and Fundamental Freedoms.
The profound belief in those Fundamental Freedoms which are the foundation of justice and peace in the world and are best maintained on the one hand by an effective political democracy and on the other by a common understanding and observance of the Human Rights upon which they depend.
The Convention consists of 66 Articles and 5 Protocols of which it has been increased to thirteen protocols (as at 2002) which are opened for signatures.
There are 18 substantive Articles and 6 substantive Protocols:
Article 1 - Obligation to respect human rights
Article 2 - right to life
Article 3 - prohibition of torture
Article 4 - prohibition of slavery
Article 5 - right to liberty and security & security of person
Article 6 - right to a fair trial
Article 7 - No punishment without law & Prohibition on retrospective criminal offences
Article 8 - right to respect for private life
Article 9 - right to freedom of thought, conscience and religion
Article 10 - right to freedom of expression
Article 11 - right to freedom of assembly and association
Article 12 - right to marry
Article 13 - right to an effective remedy
Article 14 - prohibition of discrimination
Article 15 - derogations
Article 16 - exemption for political activities of aliens
Article 17 - prohibition of abuse of rights
Article 18 - limitations on permitted restrictions of rights
The 6 substantive Protocols are:
Protocol 1 - property, education, elections
Protocol 4 - civil imprisonment, movement, expulsion
Protocol 6 - death penalty
Protocol 7 - expulsion, criminal appeals, compensation, double jeopardy, spousal equality
Protocol 12 - discrimination
Protocol 13 - death penalty
Human Rights Act 1998 (United Kingdom)
The Human Rights Act 1998 is a United Kingdom Act of Parliament which came into force on October 2, 2000. Its aim is to "give further effect" in UK law to the rights contained in the ECHR. The Act makes available in UK courts a remedy for breach of a Convention right, without the need to seek go to ECtHR in Strasbourg to seek legal redress on violation of human rights issues. Death penalty in UK law is now totally abolished.
The HRA 1998 makes it illegal for any public body to act in a way which is incompatible with the Convention, unless the wording of an Act of Parliament states the contrary to ECHR. HRA 1998 also requires UK judges take into account all decisions handed down from Strasbourg court, and to interpret legislation, as far as possible, in a way which is compatible with the Convention. If it is not possible to interpret an Act of Parliament so as to make it compatible with the Convention, the judges are not allowed to override it. All they can do is to issue a declaration of incompatibility. This declaration does not affect the validity of the Act of Parliament: in that way, the Human Rights Act seeks to maintain the principle of Parliamentary Sovereignty of the UK government. An individual can still take his case to the Strasbourg court as a last resort.
Those interested to understand more can read it at:
Universal Declaration of Human Rights
ECHR HRI
ECHR Wikipedia
Wikipedia HRA 1998
OPSI HRA 1998
DCA UK
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