PHILOSOPHY, ETHICS AND HUMAN RIGHTS

IN SOCIAL WORK
PS10203

GROUP ASSIGNMENT 3

TITLE

COMPARISON OF HUMAN RIGHTS IN MALAYSIA

WITH HUMAN RIGHTS BETWEEN FRANCE AND
JAPAN

NAME MATRIX CARD PROGRAM

DELAILA BINTI DATU SELAN BP21160594 BELKOM
NURUL ASYIQAH FAATINA BINTI BP21110338 BELKOM
RIDWAN
LAY WAI HONG BP21110334 BELKOM
WARDATUJANNAH BINTI AZIZ BP21110189 BELKOM
YANG ZIAD BIN AZIMAN BP21110118 BELKOM

FACULTY OF PSYCHOLOGY AND EDUCATION

UNIVERSITY OF MALAYSIA SABAH
1.0 INTRODUCTION 2

2.0 DESCRIPTION OF HUMAN RIGHTS IN FRANCE, JAPAN 3-15

AND MALAYSIA

3.0 COMPARISON BETWEEN COUNTRIES 15-17

4.0 IMPORTANCE 17-19

5.0 CONCLUSION 19

6.0 REFERENCES 20-22

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1.0 INTRODUCTION

"Rights that belong to an individual or group of individuals simply for being

human, or as a consequence of inherent human vulnerability, or because they are
requisite to the possibility of a just society" is the definition of human rights
(Britannica,2023). In short, human rights are rights we have simply because we exist
as human beings - any state does not grant them. These fundamental rights belong
to every individual inherently, irrespective of nationality, gender, national or ethnic
background, race, religion, language, or any other personal circumstance.

Therefore, On December 10, 1948, a document of foundational text in the

field of human rights that has been instrumental in shaping international human
rights standards was made, named The Universal Declaration of Human Rights
(UDHR). Turning 74 this year, UDHR forms the bedrock of all international human
rights legislation. Its 30 articles establish the fundamental principles and essential
components shaping present and future human rights treaties, conventions, and
legal frameworks.

While the concept of human rights transcends national boundaries, its

realization and implementation often vary across countries. In this comparative
analysis study, we are looking at the differences in how these three countries,
Malaysia, France, and Japan, fulfill human rights, specifically in these two main
aspects, which are the rights to work and the rights to health, which were written on
Article 23 and Article 25 in UDHR.

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2.0 DESCRIPTION OF HUMAN RIGHTS IN FRANCE, JAPAN AND MALAYSIA

2.1 FRANCE

France is a country that has a large and strong economic power as well as
being among the countries that have contemporary human rights that meet the
wishes and needs of the country and its people. This includes the level of personal,
civil and economic freedom in a country. It takes into account various factors such as
the rule of law, property rights, freedom of speech and religion, and access to
economic opportunities. France's overall rule of law score dropped by less than 1% in
this year's Index. In 23rd place out of 139 countries and jurisdictions worldwide,
France remains at the same position in the global ranking (Washington DC, 2021)

However, not all countries have perfection in every aspect in managing a

country with multiple races and religions. France has among the few controversies
under the microscope in handling the enforcement and enforcement of human rights
that we can on the glass screen of smartphones and televisions. This is a serious
matter that affects the sovereignty and government of France which has a strong
economic system and united world and continental relations such as the UN and the
EU (European Union) which help a lot in the management of the French government.
However, the French government strives to address all aspects of human rights
through various initiatives and policies. France was a member of the Human Rights
Council from 2011 to 2016 and today continues to influence its work as an observer
state. It ensures the strict use of the mechanism created by the HCR, contributes to
efforts to strengthen it and strives to oppose any undermining of the universality of
human rights (Ministry for Europe and Foreign Affairs, 2020). Now, France is among
the candidates in the Human Rights Council (HRC) 2021-2023. Then, let's see what
France is doing in the enforcement of other fundamental rights such as the Act and
the welfare of workers and the fundamental right to health.

2.1.1 FRENCH EMPLOYEE ACT AND WELFARE

France is one of the progressive and contemporary countries in taking care of

the welfare and rights of the country's workers. Labor Law in France is mainly
governed by the Labor Code (Code du Travail) 2016 (amended in 2021). The Labor
Code regulates the terms and conditions of employment such as working hours,

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holidays and rest periods, wages, overtime and employment relations. Employment
relations are also regulated by various collective bargaining agreements and judicial
precedents (Replicon, 2023).

We also see in the working hours for public and private employees who
reside in France. This is to reduce the huge unemployment gap between the new
and old generations in France. Added to the rapid development of the French
economy, this required a large and skilled workforce to meet the economic demand
as an entrepot country such as cheese and wine. France took the pioneering step of
mandating a 35-hour work week in 2000, partly as a way to reduce unemployment.
But that only applies to blue-collar workers. Managers and other white-collar workers
(cadres) work longer hours — 43.2 hours per week, according to 2016 statistics —
although they are compensated with additional negotiated days off, or réduction du
temps de travail (RTT) (Peter Weber,2023).

France is also to form a systematic unified worker welfare through the Labor Code
to maintain mental and physical health, prevent bullying, curb widespread sexual
harassment and reduce discrimination based on skin color or race. Employers must
take all necessary measures to ensure the safety and protect the physical and mental
health of employees (art. L4121-1 Labor Code). Employers must prevent bullying.
According to article 1152-1 of the Labor Code: "No worker may be subjected to
repeated acts of moral harassment that have the purpose or effect of degrading his
working conditions that may endanger his rights and dignity, to damage him. physical
or mental health or affect his career"(International Labor Organization (2015)).

However, one of the issues that brought civil and private servants together in 2023
in France, whether young or old, arose. His government's highly controversial
pension changes, which raised the state pension age from 62 to 64, were signed into
law by French President Emmanuel Macron. These drastic changes are not fully
accepted by French citizens but these changes are to maintain the French economic
system. President Macron argued that the reforms were essential to prevent the
collapse of the pension system. In March, the government used special constitutional
powers to force through the changes without a vote. He signed the reforms into law
early Saturday morning (Kathyrn Armstrong, 2023).

2.1.1 FUNDAMENTAL RIGHTS TO HEALTH

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 The French healthcare system is primarily funded through social security
contributions. Employees and employers make contributions based on their income,
and these funds are used to finance healthcare services.France has a robust social
security reform, fair to its citizens to provide protection against loss of income due to
retirement, death, or disability including health care regardless of race and color. In
2016, according to The Commonwealth Fund(link is external and opens in a new
window), SHI eligibility was made universal under the Protection universelle maladie
(Universal Health Protection law or PUMa). Access this healthcare to all residents of
France as well as foreigners. It combines protection for people previously covered by
Universal Health Coverage and immigrants covered by government-sponsored health
insurance (Tikkanen, 2020).

The French health care system has evolved to be more accessible and
comprehensive for all ages and economic status. Although, France has a high tax
rate and spends more than 11% of its GDP on its universal health care system. But
the French are happy with their high-quality healthcare system, and it doesn't look
like that's going to change anytime soon. Since the government pays for most of
their health care, people spend relatively little money on it. According to 2020 data,
France is the second highest spender on healthcare in the EU, in terms of percentage
of GDP. It currently spends 12.2% of its GDP on healthcare, surpassed only by
Germany with 12.8% (Gary Buswell,2023). The provision and management of the
health care system is a responsibility at the national level; The Ministry of Social
Affairs, Health, and Women's Rights sets the agenda. However, the state is
increasingly involved in controlling statutory health insurance (SHI) expenditure
(Tikkanen, 2020).

2.2 JAPAN

Japanese law, the law that developed in Japan as a result of the merging of
two cultural and legal traditions, one native to Japan and the other western. Before
Japan's isolation from the West ended in the mid-19th century, Japanese law
developed independently of Western influence. The focus was on reconciliation in
response to the social pressures of the extended family and close-knit community.
Several rules governed the settlement of disputes. The closest equivalent to the
western lawyer was the kujishi, the innkeeper, who developed an advisory

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function.There were surprisingly few laws in the modern sense; A static society that
officially prohibited commercial activities did not seem to want or need a developed
legal system (Brintannica, 2017).

Japan's sudden involvement in the western world after the Meiji Restoration of 1868
inevitably led to fundamental changes. Japan aspired to build an economic, political,
and legal structure capable of gaining international respect, ending extraterritoriality,
and preserving national independence. The introduction of western law was an
element of the mass importation of western things. In legal matters, the Japanese
oriented themselves to the systems of continental Europe, especially the German
ones. The drafters of the Japanese Civil Code of 1896 examined many legal systems,
including French, Swiss, and common law, and borrowed something from
each.However, its final product is best characterized as following the first draft of the
German Civil Code. The Japanese legal system remained faithful to these sources in
its further development. The revision of the Code's provisions on relatives and
succession in 1947, which reflected traditional Japanese attitudes, completed the
transition from Japanese civil law to the continental European legal family
(Britannica, 2017).

On some points, however, Japanese law resembles that of the United States rather
than European models, largely as a result of the post-World War II occupation and
subsequent contact with U.S legal thought and education. The examination of
witnesses in civil cases is now (at least theoretically) based on U.S. procedure. The
absence of a special hierarchy of administrative courts is consistent with American
ideas. Many aspects of labour and corporation law are U.S.-inspired (Britannica,
2017).

However, the principles and institutions of the Japanese legal system are more
similar to European civil law than to common law. In many ways, moreover, the
Japanese legal order differs markedly from all Western legal orders. More
importantly, the law in Japan plays a far less pervasive role in resolving disputes and
creating and adjusting rules regulating conduct. The inadequacy of Japan's
auto-accident rulings, manufacturers' liability for defective products, and nuisance
may be surprising to Westerners, who also may note the small size of the Japanese
bar and the persistence of extralegal methods of resolving disputes. Local police
stations provide conciliation rooms. Elders act as go-betweens. For many purposes a

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family transcending the nuclear family still exists. The notion that a business is
analogous to a family unit persists and typically influences labour relations, especially
in small- and middle-sized firms. In the relatively homogeneous Japanese society,
social status carries heavy obligations, and community pressure is extremely
powerful (Britannica,2017).

2.2.1 EMPLOYMENT & LABOR LAWS

Japanese labour law is established within this constitutional framework. It is

elaborated by acts, ordinances, collective agreements and work rules. The Civil Code
adopted on 27 April 1896 provides a basic definition of the employment contract.
Some basic labor rights are guaranteed by the Japanese Constitution. These include
the right and the obligation to work (Art. 27 para.1), a ban on child labour (Art. 27
para. 3) and the freedom of workers' association - the worker's right to organize, to
bargain and to act collectively (Art. 28). As far as individual labor law is concerned, it
is stipulated that wages, hours, rest periods and other working conditions are
determined by law (Art. 27 para. 2) (Jung. L., n.d). Japanese labor law mainly deals
with the relationship between employer and employee. These laws apply to all
employees working in Japan, regardless of their nationality. However, directors within
the meaning of the Companies Act (2005) and independent contractors are generally
not considered employees subject to Japanese labor law and are therefore not
protected by Japanese labor law (Jung. L., n.d).

According to Arden Ng (2020), there are three major Japan labor laws: Labor
Standards Act (LSA), Labor Union Act (LUA), and the Labor Relations Adjustment Act
(LRAA). The LSA regulates firstly working conditions and secondly the workplace
safety and hygene. The LUA guarantees the worker's right to organize and to bargain
collectively, whereas labour management adjustments and means of dispute
settlement are specified in the LRAA. The LSA was adopted on 7 April 1947 and last
amended 30 September 1998. The LUA was adopted on 1 June 1949 and last
amended 12 November 1993. The LRAA was adopted on 27 September 1946 and
last amended 14 June 1988.

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The laws apply to Japanese workers in the private sector, with the exception of
seafarers, and may also include foreign workers on work permit visas. For those
employees who work in public companies, only the LSA applies. Depending on the
category, special provisions apply to the employment relationships of public servants.
Labor legislation is often supplemented by Regulations of the Department of Health,
Labor and Welfare (prior to 6 January 2001, this role had been fulfilled by the
Ministry of Labour) and the appropriate Labour Relations Commission (Jung L., n.d.).
The latter body consists of representatives coming equally from the workers' and
employers' ranks as well as from the general public. Labour legislation also tends to
be rather abstract and therefore often needs to be interpreted by ordinary courts,
since there are no special labour courts in Japan, and by the Labour Relations
Commission (Jung L., n.d.).

The second strongest legal norm is the collective agreement, which in practice is
mostly of a company nature, since the agreements are mainly drawn up by the
company union and the respective employer. Collective agreements affect primarily
those workers of the firm who are trade union members. Traditionally, they are only
recorded in writing to the extent required by law. Other contract terms, which of
course must comply with the law, are often simply agreed upon verbally.Therefore,
the written part of the agreements can be simple or vague (Jung, L., n.d).

Due to this fact, labor rules that establish common working conditions at company
level gain in importance. Any employer with more than 10 employees must draw
them up in consultation with the trade union. Work rules must not infringe upon the
applying collective agreement. Then, they fix the elements of the labour contracts
within the company, independently of whether the individual worker is trade union
member or not (Jung, L., n.d). According to the amended Art. 15 of the LSA and its
Enforcement Ordinance, contractual issues such as wages, working hours and
working conditions must be specified in writing when the employment contract is
concluded. In practice, however, the parties prefer vague contract clauses so that the

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contract is always in line with labor standards and the collective agreement (Jung, L.,
n.d).

2.2.2 HEALTHCARE LAWS

According to Japan Health Policy NOW, prior to the 1920s, workers were
offered some form of health and life insurance through what were called private
self-help clubs for private sector workers and public self-help clubs for public sector
workers. Employers and workers could voluntarily contribute to these associations
although benefits and contribution rates varied. This system transitioned into the
current state-regulated work-related health insurance system in 1927, after the
Health Insurance Act 1922, which required employees of companies with ten or more
employees to be offered health insurance under what was known as occupational
health insurance associations. which was extended to companies with more than 5
employees in 1934 （Columbia University, n.d.).

The National Health Insurance Law was passed in 1938 which established the
Residence-based National Health Insurance (NHI) that gave each of the 74
prefectures control of their population's health care. The Ministry of Health and
Welfare was also established in 1938. The NHI, too, was complicated by World War I
and could not cover the entire population because local government was not tasked
with setting up local programs. At the time, only two-thirds of the population were
insured until a 1958 amendment to the National Health Insurance Act that required
municipalities to establish residence-based NHI programs. This led to full population
coverage in 1961 (Columbia University, n.d.).

The vast discrepancies that existed between the living conditions of the rich and the
poor before the Second World War have narrowed, largely due to land reforms
between 1946 and 1950 and the application of a graduated income tax. Social
welfare services were vastly improved and expanded during the period of strong
economic growth from the mid-1950s to the early 1970s. Programs include social
insurance (health insurance, pension insurance, unemployment insurance, and

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worker’s accident compensation insurance), services for the elderly and those with
physical and mental disabilities, and care for disadvantaged children (Columbia
University, n.d.).

Between 1973 and 1980 health care spending for the older population increased
more than fourfold, raising concerns about sustainability and the eventual passage of
the Senior Health Care Act 1982. This law, which was implemented in 1983, put an
end to free care for the elderly by requiring that older persons pay a small
copayment. In addition, this legislation subsidized the NHI program through the
transfer of earnings from work-related health insurance. The Long-Term Care
Insurance Act was passed in 1997 and covers institutional care, home health care
and community-based services for people aged 65 and over and those aged 40 to 64
with life-related disabilities (Columbia University, n.d).

However, since the introduction of the national universal insurance system in 1961,
medical expenses have increased rapidly due to increased access to health care,
provision of benefits for high-cost health care, and free health care for the elderly
(since 1973). As a result, the pressure on the country's finances is increasing. It took
almost 30 years to correct the 1973 policy. Since 2002, seniors have had to pay 10
percent (or 20 percent, depending on income) of their medical expenses, up to a
relatively low payment limit (Coady et al, 2012).

The coverage of the National Health Insurance system has changed dramatically
since 1961. The NHI was originally geared towards farmers when universal insurance
was introduced.In 1965, two thirds of the labor force were self-employed or
employed in agriculture, forestry or fisheries. In addition, lifelong employment and
seniority-based company structures were the norm, and employee health insurance
schemes were established as a unit within companies. However, according to Coady
et al (2012), in the years that followed, the aging of the population and changes in
the industrial structure fundamentally changed the situation. Currently, more than
half of NHI beneficiaries are unemployed, 24% are office workers with fewer than
five employees or part-time workers, and 19.3% are self-employed or farmers

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(Japan, Ministry of Health, Labor and Welfare, 2009). For NHI, each municipality
operates as the insurer. Since 2000, mergers have led to a decrease in the number of
municipalities, from more than 3,200 to 1,788 in 2009 (Coady et al, 2012).

2.3 Malaysia

Malaysia, a country which practices a mixed legal system which includes the
Common Law, Islamic law and Customary Law. Malaysia’s legal system comprises
laws which have arisen from three significant periods in Malaysian history dating
from the Malacca Sultanate, to the spread of Islam to Southeast Asia, and following
the absorption into the indigenous culture of British colonial rule which introduced a
constitutional government and the common law. Malaysia’s unique legal system is
designed to balance the delicate racial and religious needs of its heterogeneous
people. The Malaysian legal system law can be classified into two categories which is
the “Written” and “Unwritten law”. First, unwritten law can be defined as the laws
which are not enacted by the Legislature and which are not found in the Federal and
State constitutions. This category of law comes from cases decided by the Courts
and the local customs, which is otherwise known as “common law”. The “unwritten
law” mainly consisted of the English law, judicial decisions and custom law.
Meanwhile, written law is which refers to the laws contained in the Federal and State
Constitutions and in a code or a statute. The written laws are much influenced by
English laws as the Malaysian legal system retains many characteristics of the English
legal system.. The “Written law” includes the Federal and State Constitution,
Legislation and Subsidiary Legislation. Apart from that, there is a specific law called
Islamic law which is also a major source of Malaysian law which is enacted under the
Federal Constitution. It is only applicable to Muslims and is administered by a
separate court system, the Syariah Courts. Although islam is the religion of the
federation, the federal constitution is still the highest law among all existing laws.

-English law: The English Law can be divided into two which are the English
Commercial Law and English Land Law. English Commercial Law is applicable in
Peninsular Malaysia except Penang and Malacca as it stood on 7 April 1956 in the
absence of local legislation. applies in Penang, Malacca, Sabah and Sarawak.

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-Judiciary decision/Malaysia court: Approaching the judicial decision, judges do not
decide arbitrarily. Instead, they are bound to follow certain accepted principles
known as precedents. Precedents are defined as "a judgment or decision of a court
of law cited as an authority for the legal principle embodied in its decision”.„ The
system of binding judicial precedent is called stare decisis. It was created by the
English judges and introduced into Malaysia upon colonization.

-customary law: Customs are another important source of unwritten law. Every race
has its own customs. Hindu and Chinese customary law applied to the Hindus and
Chinese respectively.

2.3.1 RIGHTS FOR HEALTHY MALAYSIA

Recently, Malaysia is much more concerned about the health of every

resident. The government is appropriating a huge amount of funds to promote the
medical and healthcare system among the world rating by improving the standard of
care and trying to provide the best medical protection, assuring medical coverage
can be experienced by every legal citizen. Residents may experience complete
medical service by spending small funds which are affordable for everyone including
those who are B40. For instance, patients may stay in a private room for only RM50
per night and receive free vaccination doses during the pandemic covid-19.
Therefore, Malaysia’s Healthcare System is becoming one of the leading healthcare
providers in Asia. (International Citizen Insurance, 2023)

RIGHTS FOR HEALTHY MALAYSIA

Before we go through to the right healthcare system worked in Malaysia, it is

necessary for us to have some basic knowledge about a person’s rights as a patient.
Based on the Malaysia medical Health Law, Medical Act 1971 (“Act 50”), and its
subsidiary legislation, Medical Regulation 2017 (“2017 Regulations”) will be the main
regulation that manages and commands the practice of medical workers. The
Malaysian Medical Council (MMC) has been set up according to section 3 of ACT 50,
which is empowered under section 4 to supervise the practice of medicine. (J.Y. Ng &
H.X. Low, 2021) For instance, The Good Medical Guideline 2019 has published the
Ten Golden Rules of Good Medical Practice, and the first rule is ‘make the care of
your patients your first concern’, is the rules ensure that patient willingness is the
first concern within the medical services and workers will be penalized if they make

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their decision without agreement by patients. Furthermore, MMC will also protect but
not be limited to the various types of rights of patients, such as the right to
healthcare and humane treatment. Based on the rights, patients have been entitled
to access to complete medical treatment and healthcare systems without looking at
any external factors such as age, gender, political issues, socioeconomic status,
ethnicity, religion, and so on. This is because there shall not have any kind of
discrimination from medical workers toward patients regardless of any reason.

Recently, Malaysia is much more concerned about the health of every

resident. The government is appropriating a huge amount of funds to promote the
medical and healthcare system among the world rating by improving the standard of
care and trying to provide the best medical protection, assuring medical coverage
can be experienced by every legal citizen. Residents may experience complete
medical service by spending small funds which can be afforded by every citizen.
including those who are B40. For instance, patients may stay in a private room for
only RM50 per night and receive free vaccination doses during the pandemic
covid-19. Besides, foreigners from other countries may also offer the perfect medical
treatment services because most medical workers may speak fluently as well. For
example, A program well known as Skim Kemasukan Hospital dan Pembedahan
Pekerja Asing or “SKHPPA”, ensures the foreign workers may obtain proper medical
protection by sharing the cost with employers, which is one of the employer’s
responsibilities. Therefore, Malaysia’s Healthcare System is becoming one of the
leading healthcare providers in Asia. (International Citizen Insurance, 2023) However,
the healthcare cost and expenditures keep rising globally. In Malaysia, the
out-of-pocket (OOP) expenditure for the year 1997-2017, is between 29% to 38% of
total health expenditure, (Ministry of Health Malaysia, 2019) which is beyond the
suggestion of the World Health Organization given by 15-20%. (Xu K, Saksena P,
Jowett M, Indikadahena C, Kutzin J, Evans DB, 2010) This has led to a big impact on
the healthcare system in the country especially within the differences between rural
and city areas in terms of infrastructure and medical power. There’s a barrier
between rural and city areas regarding the level of medical treatment and
infrastructure. For instance, the rural hospital is only equipped with basic
infrastructure, while seriously injured patients must be sent to the city hospital to

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receive complete treatment due to the rural hospital’s lack of modern medical
equipment. Otherwise,

2.3.2 EMPLOYMENT AND LABOR LAWS

The legal framework to the Malaysian employment and industrial relations

ecosystem is generally provided by the Employment Act 1955 and the Industrial
Relations Act 1967 as well as numerous other subsidiary legislation and regulations,
including the Employment (Termination and Lay-Off Benefits) Regulations 1980. The
word of employees was invested under the Employment Act 1955 of Malaysia
including those who are employed as manual labor workers, regardless of their salary
level as well as non-manual workers, whose monthly income will not exceed RM2000.
Nevertheless, the act provides several types of leave entitlements, including holiday
leave, annual leave, sick leave, and maternity leave, as well as other optional leaves.
From 1 January 2023, the Employment Act applies to all employees with the
exception of the sections in relation to overtime payments and termination benefits,
which will not apply to employees whose wages exceed RM4,000/month. Generally,
employment law seeks to find a balance between the right of employees to their
livelihoods with the security of the employee’s principal, while employers have the
right to dismiss their employees under reasonable circumstances with the managerial
prerogative principle. The probationary periods for workers are not regulated and it’s
a common phenomenon to see probationary periods of 1-6 months. Probationers are
generally entitled to similar security of tenure as confirmed/permanent employees,
and any non-confirmation of employment during or at the end of the probationary
period must be reasonable. Meanwhile, for the minimum wage, from 1 May 2022, the
monthly minimum wage was increased to RM1500 nationwide. There is a temporary
exemption until 1 July 2023 for employers with less than five employees. However,
this exemption does not apply to employers who carry out professional activities, no
matter how many employees the company do have.

Otherwise, there are few minimum employment rights for employees. Firstly,
the working hours, make sure workers have to work more than 8 hours per day and
45 hours per week and allow any break of less than 30 minutes in the 5 consecutive
hours shall not break the continuity of that 5 hours. Second, employees are allowed

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to a paid holiday at the ordinary rate of pay on 11 of the gazetted public holidays and
on any day designated as a public holiday under the Holidays Act 1951, such as
Malaysia Day, National Day, Labor Day, birthday of Yang Di- Pertuan Agong and so
on. Thrid, workers are allocated to paid annual leave such as but not limited to 8
days for every 12 months of continuous service with the same employer if the
employee has been employed by that employer for a period of less than two years,
and so on. Last but not least, The Employment Act 2022 entitles employees to apply
to their employment for a flexible working arrangement to vary the hours, days, or
place of work., and employers have to either approve or reject this application by
employees.

Furthermore, there are a few labor laws which are important to enhance the
rights for employees as well as employers. Firstly, will be the Employees Provident
Fund Act 1991. This act aims to assure both contractors and most workers are
required to donate to a state-managed provident fund. Contributions from foreign
nationals employed in Malaysia, as well as domestic servants, are largely voluntary.
Second, Occupational Safety and Health Act 1994, which points out the responsibility
on workers to ensure their safet and body condition is in good health. Lastly,
Industrial Relations Act 1967. The Act aims to promote and maintain industrial
harmony and provide the regulation of the relations between employers and
workmen and their trade unions. It also provides the prevention and settlement of
any difference or disputes arising from their relationship and generally to deal with
trade disputes and matters related to it.

3.0 COMPARISON BETWEEN COUNTRIES

We can see that the human rights acts through the law implanted their own
citizens to flourish within their own resources and infrastructure. All these countries
are working up to the top being a well-developed and prosperous country. In their
healthcare laws and labour laws, the countries are getting more contemporary and
well-adjusted to their citizens. However, we can compare where is well- benefited to
their citizens and more profound laws that can be enforced and emulated by many
countries.

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 We look into the labour law of these countries through minimum working hours.
In France, the workers both local and foreign work around 35 hours per week while
in Japan and Malaysia work for 40 hours 40-45 hours per week. It is best to note
that the western side of the work is relying on sufficient and productive hours hence
the fewer working hour for more well-balanced and less stressful work to a more
healthy and welfare-oriented work environment. While their eastern counterpoint,
being a developing country like Malaysia and strong traditional work norms like
having long working hours and mental health detrimental are hard to shake off and
not concerned about the welfare of their workers as much as the West. According to
an AIA Vitality Healthiest Workplace survey conducted by Rand Europe, which
surveyed more than 26,000 employees in the Asia-Pacific region regarding their
health and well-being, Asian countries top the longest working hours globally (Daniel
Teo, 2019)

Next, the unionization of workers is part of the biggest of labour law as it’s one
of the platforms and exercise of their rights in unity. In France, the workers have
stronger labour unions and collectively bargain for their rights as they are protesting
and strike rights in peace and freedom. Cooperation between trade unions in Europe
is actually since long supported and institutionalized by the European Commission as
an integrated part of the EU multilevel governance system (Bengt Furåker, 2020). As
for Japan, union membership are low compared to France as collective bargaining
and strikes are less common. Malaysian workers have the right to create and join
trade unions. However, there are considerable limits on the formation and functioning
of trade unions, notably for personnel in the public sector.

Moreover, social security ensures that society gives to people and households in
order to provide access to healthcare and financial security. Based on the social
security rights on these 3 countries, they have exactly the same security plan for all
citizens to ensure a more beneficial and insurance towards their future. France and
Japan have the same social security plans likewise healthcare, unemployment
benefits, and pensions while Malaysia has a more health approach in their social
security that is provisions for employee compensation, retirement benefits, and
medical care.

Then we look into healthcare rights where the laws are implemented into a
better and more secure healthcare infrastructure and initiative for all generation of

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the country. Healthcare System in these three countries are rest assured that
Malaysia have an overall better healthcare system by implying the Dual Healthcare
System where the public sector has an affordable and yet well-satisfied service while
the private sector has the most advanced and complete medical service at a
reasonable price rate. As for Assurance Maladie , In France, universal healthcare
offers basic health coverage to all inhabitants, regardless of job position or economic
level. In Japan, "Kokumin Kenko Hoken" (National Health Insurance) is used. It
covers the whole population and guarantees that all required medical treatments are
available.

Lastly, for Healthcare Insurance, the citizen of France and Japan, the citizen
needed a proper healthcare insurance in order to have the privilege for a well
medical care and infrastructure according to France’s Reimbursement System and
Japan’s Health Insurance Law (1992). While in Malaysia, The "MySalam" national
health insurance programme gives financial support to low-income persons for
certain illnesses and medical treatments.

4.0 IMPORTANCE

Everyone of us has the right to know about all the things they should have as human
beings. Learning about human rights is crucial especially for university students and
youth as they are the manpower that will stand and fight for any mistreatment or
inequality that happens in society. Living in a society with a norm may make us
unaware that we are actually facing discrimination and inequality. Living in a cultural
society may make us think that fighting over things that is not normal in our
surroundings is unethical. What if the norm we are living with is just deceiving and
we just blindly follow the society rules without knowing that it is actually just our
basic rights in living ? How can people determine that their actions are unethical or is
it just another act of them trying to stand for their own rights and pride? In order to
discover these questions, things about human rights need to be taught.

Firstly, learning about human rights is crucial so that everyone is aware and knows
how to manage to prevent their rights from being taken away. It is important that
human rights are respected globally. Eleanor Roosevelt, 1958 once said that human
rights began from our daily surroundings, whether from home, school or college,

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working place or any crook of the world human rights have their meaning (Amnesty
International UK,2017). In learning about human rights, it told people that regardless
of their background and demographic, everyone is just a free and equal. Studying
human rights also indirectly tells people about the 30 rights and freedom that were
once being announced by UDHR and until now, it has become the universal main
resource of human rights.

Secondly, it acts as protection of fundamental rights and as an act of empowerment

and advocacy. Human rights tell us, despite any gender, race, culture or background,
it is our rights to ensure that our basic needs are met. Anyone or any community
that is aware of their own rights, may rise and protect the rights that have been
taken from them. In Malaysia, people are not allowed to freely condemn government
or any authorities without going through certain official channel, such as Sistem
Pengurusan Aduan Awam (SISPA),Suruhanjaya Komunikasi dan Multimedia Malaysia
(SKMM), Cyber999, National Scam Response Centre (NSRC).

Learning about human rights make people realize what they need to fight and make
people aware that, it is actually not a crime to voice out everyone’s opinion. Akta
universiti dan kolej universiti (AUKU) 1971 stated that students are not allowed to
involved in any political activities whether inside or outside campus. After a few
opposition from students, AUKU finally made some amendment to allow students to
join political activities, as long as it is not done inside campus. On the working side,
people will become aware about what should they get as an employers. On January
2023, Malaysian Government has decided to introduced the country’s minimum wage
to RM1,500 (Immigration Partners,2023).

Furthermore, human rights need to be taught to ensure employers receive an

adequate amount of salary and for the youth community to stand on their right of
speech. As an example, Dina Bakst form an organization, A Better Balance, fights for
fair legislation regarding paid sick time and medical leave for working mothers which
hold the words at the peak of losing their jobs due to their sick child (A Better
Balance,2023). The advance justice for workers so they can care for themselves and
their loved ones without affecting their income and family economy.

Lastly, basic human rights need to be taught and learn as a way of building an
inclusive society. Inclusive society embraces diversity and striving for equality which
allows all individuals and with diverse age, gender, religion, ethnicity and other type

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of demographic that's fit for everyone each with rights and responsibilities (Lutfiyyaa
& Barlett,2022). Learning human rights is crucial in order to form the type of society
for all which is inclusive society. Human rights contributes to an inclusive society that
covers accessibility and accommodation for everyone, enhances education and
awareness, especially promoting empathy and emphasizing tolerance.

Educating human rights, help us to stand for disabilities and minorities to be seen to
the world as a way to tell the world that they also have the rights as human beings.
People will learn how to sympathize and embrace differences and it is also important
in order to broaden point of view and embrace differences which unlike exclusive
society that closes any gap and space if they sense threats and discomfort. So, it is
crucial to learn and teach about human rights to society.

5.0 CONCLUSION

In conclusion, our comparative analysis of human rights in Malaysia, France,

and Japan, specifically focusing on the rights to work and health, has provided
valuable insights into these nations' diverse approaches and challenges. By
examining their legal frameworks, policies, and societal dynamics, we have gained a
deeper understanding of the efforts to protect and promote these fundamental
rights.

Firstly, the working hours per week are relatively small for the rights to work
in these countries. France has the least working hours compared to Malaysia and
Japan, which is 35 hours; Malaysia's 40-45 hours and Japan's 40 hours. As for the
unionization of workers, France has strong labour unions, followed by Malaysia and
for Japan, union membership is low. Lastly, social security comparison among these
countries showed that Malaysia has provisions for employee compensation,
retirement benefits and medical healthcare. In contrast, Japan has healthcare,
pensions and unemployment benefits like France.

For healthcare rights, these three countries have different systems. Malaysia
has a dual healthcare system; Japan uses Kokumin Kenko Hoken, while France's is
Assurance Maladie. France uses the reimbursement System as their healthcare
insurance. Unlike Japan, this country uses Health Insurance Law, and Malaysia uses
MySalam.

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