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SUHAKAM
be prescribed by law, is necessary and also proportionate to achieve
the legitimate aims of safeguarding the reputation of others, national
security, public order, public health or morals.
iv. The Role of the Judiciary in Promoting Non-Discrimination
The situation in Malaysia relating to gender-based discrimination
and the word “gender” in Article 8(2) of the Federal Constitution was
discussed. Participants also discussed the role of the courts in dealing
with cases related to racial discrimination as racial tensions are now
on the rise, especially on social media. Among the best practices
shared were those from Australia. The Australian federal courts have
applied the principles of major human rights treaties in domestic
laws, even though Australia has yet to ratify them.
On 14 October 2019, a SUHAKAM delegation led by the chairman
called on the new Chief Justice of Malaysia, The Right Honourable Tan
Sri Tengku Maimun Tuan Mat. SUHAKAM is grateful for Her Ladyship’s
support of SUHAKAM’s constant engagement with judges and judicial
officers on human rights issues through the colloquium.
Next year, SUHAKAM is planning to organise regional judicial colloquiums
with syariah judges on the promotion and protection of human rights in
the Syariah Courts. To this end, SUHAKAM would welcome engagements
with key actors in the syariah circuit.
b) Watching Brief in Courts
Since 2011, SUHAKAM has held watching briefs in cases involving several
human rights issues. SUHAKAM is obliged to the courts for allowing
SUHAKAM to do so in the following cases and on the following issues:
•
•
•
•
•
Rosliza binti Ibrahim v State Government of Selangor – freedom of
religion
Re Liew Shin Mei – citizenship application for stateless child
Muniandy s/o Veeran & Anor v Zainal Abidin bin Mohd Ismail – right
to life for persons with disabilities
YB Karpal Singh appeals – judicial misconduct and freedom of
speech
Inquest into Muhammad Adib Mohd Kassim’s death – the right to life
and security