THE RIGHT TO HEALTH IN PRISON:
RESULTS OF A NATIONWIDE SURVEY AND REPORT
2.5
The Commission observes that as a result of the limited public education
on human rights and the rights and freedoms as contained in the Universal
Declaration of Human Rights, as well as the various other human rights
treaties, many myths and misunderstandings have sprung up about the
concept of human rights, including the values it contains.
2.6
Regardless, in Malaysia, human rights have been incorporated in Part II
the Federal Constitution in Articles 5 to 13:
(i)
Liberty of the person (Article 5)
(ii)
Prohibition against slavery and forced labour (Article 6)
(iii) Protection against retrospective criminal laws and repeated trials
(Article 7)
(iv) Equality (Article 8)
(v)
Prohibition of banishment and freedom of movement (Article 9)
(vi) Freedom of speech, assembly and association (Article10)
(vii) Freedom of religion (Article 11)
(viii) Rights in respect of education (Article 12)
(ix) Rights to property (Article 13)
2.7
Given that all prisoners shall retain the human rights and fundamental
freedoms set out in the Universal Declaration of Human Rights, some of
those that are particularly relevant to prisoners include the right:
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to life and integrity of the person
to be treated with humanity and respect for their dignity
to be free from torture or other ill-treatment
to the highest attainable standard of physical and mental health
to due process of law
to freedom from discrimination of any kind
to freedom from slavery
to freedom of conscience and of thought
to freedom of religion
to respect for family life
to self-development
to education
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