34 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

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