Tutorial 1 (Week 2)

Question 1

Discussions on Chapter 1(Introduction) and Chapter 2 (Modern Development).

Question 2

Discussions on Universal Declaration of Human Rights (UDHR).

- The Universal Declaration of Human Rights articulates fundamental rights and freedoms for all.
- The Universal Declaration was adopted by the General Assembly of the United Nations on 10
December 1948. Motivated by the experiences of the preceding world wars, the Universal
Declaration was the first time that countries agreed on a comprehensive statement of
inalienable human rights.
- The Universal Declaration begins by recognising that ‘the inherent dignity of all members of the
human family is the foundation of freedom, justice and peace in the world’.
- It declares that human rights are universal and it should be enjoyed by all people, no matter
who they are or where they live.
- It is not a treaty but a declaration, hence a non-binding legal instrument.
- However, it is an expression of the fundamental values which are shared by all members of the
international community.
- UDHR influenced constitutions of many States which became independent due to
decolonization.
- Eg: Msian Fed Con. (right to life and liberty of a person, equality, prohibition of slavery, freedom
of speech, assembly and association, right to education and rights to property (but may be
subjected to some limitations.
- The Universal Declaration has given rise to a range of other international agreements which are
legally binding on the countries that ratify them. These include the International Covenant on
Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural
Rights (ICESCR).
- Together with the Universal Declaration of Human Rights, these two covenants comprise what is
known as the “International Bill of Human Rights.”
- Then if need (explain about ICCPR AND ICESCR) * articles

Question 3

a. Explain the significance of the International Covenant and Civil and Political Rights (ICCPR) and
the International Covenant on Economic Social and Cultural Rights (ICESCR) in international
human rights law.
- Together with the Universal Declaration of Human Rights, these two covenants comprise what is
known as the “International Bill of Human Rights.”
- The ICCPR focuses on issues such as the right to life, freedom of speech, religion and voting. The
ICESCR focuses on food, education, health and shelter. Both covenants proclaim these rights for
all people and forbid discrimination.
 - Both covenants believe in collective right to self-determination, the rights allow all people to
freely determine their political status and freely pursue their economic, social and cultural
development.
- Article 13 of ICESCR deal with education and liberty of parents to choose school for their
children which also can be seen in Article 18 of ICCPR right of parents to choose religion and
moral education of their children

b. What are the major differences between ICCPR and ICESCR?

*slides

ICCPR:

1. represents and protects the human rights of first generation. (First-generation? - “civil-
political” rights deal with liberty and participation in political life. They are strongly
individualistic and negatively constructed to protect the individual from the state.)

2.It explains human rights pertaining to cultural and political rights (i.e. not to torture, not to
show discrimination, etc.).

3.The rights incorporated in ICCPR are negative in character just like the provisions in the penal
code. The Penal Code defines and narrates different offences, which are prohibited. In the
similar way ICCPR defines and narrates certain things not supposed to be done by the States.

4.The judicial remedies are provided to the aggrieved persons, in cases their civil and political
rights are violated by the State.

5. Civil and political rights establish immediate binding obligation (Article-2(1) of the ICCPR
provides that each state party undertakes to respect and ensure the rights recognized in ICCPR. )

ICESCR:

1. represents and protects the human rights of ‘second generation’. (second genration?- “socio-
economic” human rights guarantee equal conditions and treatment. They are not rights directly
possessed by individuals but constitute positive duties upon the government to respect and
fulfill them.)

2. It explains human rights pertaining to economic, social and cultural rights (e.g. to provide
adequate housing, trade unions social security, medical facilities, etc.).

3. The rights incorporated in ICESCR are positive in character. It shows the ways to the State to
implement certain programmes to uplift the living standards of human beings and to protect the
human culture.

4.There is no scope of judicial remedies. The Court cannot force the State to implement the
provisions of part-IV.
 5. The economic, social and cultural rights are of progressive nature. (Article 2 of the ICESCR
provides that the state party will take steps to use its maximum available resources gradually to
realize the rights.)

c. Can the human rights policies and practices in Malaysia improve if Malaysia become a State
party to ICCPR and ICESCR?
- Yes, it can, it provides an enabling environment for human rights and fundamental freedoms to
be fully respected, protected and fulfilled.
- Our laws on education, healthcare, social security, employee’s rights, etc, are in place although
implementation is not at its best.( monetary assistance from the state for people with an
inadequate or no income.)
- Signing on to the ICESCR would hopefully promote improvements in the areas where we
critically fall short, through regulatory and legislative reforms, better enforcement, and
international assistance and cooperation.
- it would be good for the government to give more assurances to the people that our socio-
economic rights would be protected
- rapid economic development and free market forces have led to greater income inequality and
persistent poverty in many countries, deepening social divisions and political crises.

Because there are still certain things that Malaysia does not agree

For example, the abolishment of death penalties . Malaysia is still practicing death penalties.

Besides that , freedom of torture, torture” as any act by which severe pain or suffering, whether physical
or mental, is intentionally inflicted on a person.

While most countries have condemned and criminalised torture, Malaysia remains one of the very few
countries yet to commit to becoming a torture-free nation. In Malaysia caning is used as a judicial
punishment for criminal offences.

Ratify the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, as well as the ICCPR;