We've all heard the same old same old
But really, how much do we know about human rights?
What are Human rights to be exact?
Are they merely the rights encompassed under the Universal Declaration of Human Rights?
What are the consequences of insisting that Human Rights be abolished?
What are the consequences of insisting that Human Rights be imposed each time?

It is easy to call for a full blown array of Human Rights to be enforced
However, like everything under the sun, it is a grey area
Where do you draw a line?
Does anybody realise the consequences of allowing Human Rights to encompass each and every nook and cranny of our life?

Let me ask you what do you think about news such as this;
Drug Baron claiming for compensations under Human Rights
or
Drug Addict receives £700k

Yes, never mind the drug baron was granted asylum despite the fact that he is a drug baron
(Probably granted asylum due to Human Rights as well)
The authorities can only watch helplessly as they are unable to do anything due to the so called "bars" of Human Rights
This is the same guy is (most likely) financing one of the biggest drug traffickings in the country
Best of all, after being acquitted of drug charges, he turns around to sue the government
The irony of it all

Or what about Right to privacy?
Think of this scenario
The MI5 taps into the phone of a suspected terrorist (which is a breach of Art.8 ECHR btw)
He then listens to elaborate plans of involving the bombing of a kindergarten
Could the MI5 then charge into the hideout of the terrorist to arrest him?

Upon prosecution,
What if the terrorists appeal for the phone conversation evidence to be thrown out due to improper acquisition of evidence due to breach of Article 8 of the ECHR?
They walk away scot free and guess what?
They won't be able to be to be tried for the same offence under Article 6 ECHR
(Double Jeopardy rule)
Damned if they do, Damned if they don't
Caught between the rocks and the deep blue sea

Do you see how Human Rights can sometimes be a hindrance?
It is no wonder that former Prime Minister Tony Blair was so adamant to see the HRA 1998 to be thrown out the window
Is Human Rights imposing too much of a burden on the State?

Let's talk about the Internal Security Act in Malaysia then
Tell me what is the purpose that people are calling for it's abolishment?
Yes it is a draconian Act designed to combat the then communists in Malaya

But what else besides that?
Was it because of the fact that it was used in Ops Lalang?
If that is the case, the problem was with the usage NOT the law
Is the ISA such a problematic law which only seeks to undermines human rights?

Take the case of Mas Selamat
Without ISA, it would have been hard to have arrest him under the normal laws
His charge just will not stick had it gone through the normal process
He will just get away and end up injuring more people
Think of the Ticking Time Bomb Scenario

When you give it more thought you will realise one thing;
Most of the time, the problem does NOT lie with Law
It is the actions of individuals which causes the most problem
It is the exploitation by certain quarters which renders the law draconian

Human Rights law seeks to co-exist with such preventive laws such as the ISA and the ATCSA 2001
It is the wrongful usage that the Human Rights law seeks to prevent


Therefore when a case comes in with full hard evidence of plans to blow up a kindergarten,
Perhaps it would be prudent for the courts to look at the case in its fullest context with all the facts involved
Was the evidence obtained in such a perverse manner that it ought to have been thrown out?

In any case, Article 8 is a qualified right, which means that the State may interfere in certain circumstances
When one looks at the Human Rights to see that not all rights are absolute
That there are indeed certain rights which allows State interference (albeit with legitimate aims)
Only certain rights such as the Right to Life are absolute in nature in the sense that they are non-derogable

The ISA is most certainly useful
I'm not disputing that
However, it can be a devastating weapon when used arbitrarily
Think of that Nanyang Siang Pau Reporter who was arrested for her own safety
Isn't it supposed to be the other way around?
If that is the case, then ISA should arrest all the innocent people

Perhaps it is high time that Malaysia should adopt a law such as the HRA1998
A Human Rights legislation will do Malaysia good as this helps keeps certain quarters in check
And the courts MUST be fearless in terms of applying the law

The solution is not to repeal the ISA
The solution lies in adopting a human rights act
Coupled with fearless application, the usage of that "draconian" law will automatically regulate itself

Remember Human Rights does not hinder, it seeks to co-exist as a check and balance to prevent arbitrary usage of the law


ps- I think I'm studying too much Human Rights a.t.m

Labels: Law, Randomness