YB Dato’ Sri Azalina Othman Said on 21 November 2016. However, the Bill
was only passed by the Parliament on 9 August 2017 without the inclusion
section 88A, which is believed to be capable of solving the issue of child
conversion as the government had withdrawn the section due to what the
government indicated as a constitutional issue.
The Commission in its statement expressed its regrets and disappointment
over the decision to withdraw a provision in the Law Reform (Marriage
and Divorce) (Amendment) Bill 2017 which would have been an effective
solution to the unilateral religious conversion of minors by a parent. Hence,
the Commission calls on the government to commit firmly to the issue and
recognise the importance of both parents to have equal parental rights and
authority in relation to religion, custody and upbringing of their children,
considering the principle of the best interest of the child. The Commission
believes that the remedy lies in an amendment to Article 12(4) of the Federal
Constitution.
11. DECRIMINALISATION OF DRUG USERS
In 2017, the Commission and several relevant stakeholders were invited by
PEMANDU Associates to share input on Drugs Transformation Lab as the idea
of it is to encourage Persons Who Use Drugs (PWUD) to attend treatment
voluntarily.
Human rights offer guidance on balance between the protection of
fundamental freedoms and the protection of public health, morals and
security. The government has an obligation to establish criminal laws and
systems sufficient to deter and respond to attacks on individual, but criminal
laws must not go so far as to deny an individual’s rights, among others, the
right to the highest attainable standard of health. By sending drug users to
prison, they may be subjected to degrading treatment. The Commission
applauds the idea of treatment to PWUDs, and it is hoped that throughout
the collaboration, the government would perceive drug users as patients
and not as criminals.
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