In Health Some Rights Are Wrong




Oct 29 was a momentous day for Malaysian public health, following the court’s decision to reaffirm a nationwide smoking ban in restaurants which came into force this year, after it was challenged by a group of smokers who claim their constitutional rights had been violated
For Health Minister Dzulkefly Ahmad and other health advocates, the decision reaffirms an important point: that health is, in the Federal Constitution, an important human right
Human rights is a difficult topic in our highly charged political climate
Although everyone is pretty much on board with the idea of human rights as being universally inherent, inalienable and inviolable rights for all man, not many countries agree on the definition and context of these rights
It was the French Revolution that first kicked off the concepts of liberty, equality and fraternity
Today, these form the core of what is termed as human rights – the right to life, the right to liberty, security of individuals, freedom to assemble, freedom of association, and freedom of religion
Expansion of these rights which emerged later includes the right to employment, housing and equal wages. Today, concepts included into human rights include group and collective rights, the right to self-determination, the right to environment and the right to development
So when did health get added to the mix
The UN’s Universal Declaration of Human Rights in 1948 provides that “everyone has the right to a standard of living adequate for the health and wellbeing of himself and his family including food, clothing and medical care.”This document sees health as an essential human right, and has been so for more than seven odd decades or so
But what do we mean when we say that health is a human right, especially in the Malaysian context
Accepting that health is human right means that the government must ensure that all Malaysians have the right to the highest attainable standard of physical and mental health
They must be able to access quality healthcare, available to all equitably as and when needed, as well as sanitation, adequate food, decent housing, healthy working conditions and a clean environment
It was in the protection of the healthy environment that there occurred a clash between the alleged infringement of the smokers’ “individual” rights against the “right to health” in terms of providing a clean, healthy environment to all Malaysians
The seven smokers challenged the ban for three reasons. Among them, they claimed the minister had exceeded his ministerial powers allotted to the role in declaring the ban
They also said that their rights under Article 5 and 8 of the Federal Constitution were breached
According to Article 5, no person may be deprived of life or personal liberty except in accordance with law, while Article 8 states that all persons are equal before the law and entitled to equal protection
By prohibiting their right to smoke in restaurants, the smokers felt that these individual rights were being denied them and that they were being discriminated against
Weighing against this was the Ministry of Health’s scientific rationale that smoking in public places constituted a greater danger to a larger part of the population, and that by instituting the ban, the greater public’s right to health was being protected
How important are the rights of the individual then
In health at least, our constitution is crystal clear. The drafters in their spirit and intent were strongly in favour of the greater good, i.e. public health far above the rights of any individual
Take, for example, Article 9 where even the freedom of movement, one of the most basic rights, can be restricted by the government in the interest of public health
Similarly, another fundamental right, the right to religious freedom, is assured under Article 11. Even this right cannot be exercised by ignoring public health. Did you know this
This was the spirit alluded to by Justice Mariana Yahya in dismissing the application of the smokers
Contrary to what the smokers alleged, she said their rights were not compromised as they could still smoke outside the three-metre stipulated radius from the restaurants and that there was no discrimination discernible between smokers and non-smokers in this regard
The judge also mentioned that smokers and non-smokers had equal rights in terms of visiting and spending their time in food premises for as long as they wished. This was an important point, and one which most smokers choose to conveniently overlook
The majority of Malaysians are not smokers. We have an equal amount of “rights” as do smokers
The court has clearly spoken. The right to health for all Malaysians, including smokers, is the most important thing and is the law of the land
In health especially, some rights are wrong. - FMT

Artikel ini hanyalah simpanan cache dari url asal penulis yang berkebarangkalian sudah terlalu lama atau sudah dibuang :

http://malaysiansmustknowthetruth.blogspot.com/2019/10/in-health-some-rights-are-wrong.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+MalaysiansMustKnowTheTruth+%28Malaysians+Must+Kno

Kempen Promosi dan Iklan
Kami memerlukan jasa baik anda untuk menyokong kempen pengiklanan dalam website kami. Serba sedikit anda telah membantu kami untuk mengekalkan servis percuma aggregating ini kepada semua.

Anda juga boleh memberikan sumbangan anda kepada kami dengan menghubungi kami di sini
Top 10 Scary Zodiac Signs That Are The Most Dangerous

Top 10 Scary Zodiac Signs That Are The Most Dangerous

papar berkaitan - pada 25/10/2019 - jumlah : 44 hits
Top 10 Scary Zodiac Signs That Are The Most Dangerous The W Brothers Website https www thewbros com Use code MA10 for 10 off your order Subscribe To Most Amazing Top 10 http bit ly 2Ibyk6i Check Out Our Merch https bit ly 2LgjrSQ Watch Mor
Cybersecurity Crimes Are On The Rise Cybersecurity Malaysia

Cybersecurity Crimes Are On The Rise Cybersecurity Malaysia

papar berkaitan - pada 25/10/2019 - jumlah : 71 hits
Online data breaches in the country are rising dramatically pointing to a worrying situation and the need for public awareness of the importance of cyber security CyberSecurity Malaysia said according to its Cyber999 Help Centre there were ...
We Bare Bears Are Coming To Malaysia

We Bare Bears Are Coming To Malaysia

papar berkaitan - pada 24/10/2019 - jumlah : 161 hits
We Bare Bears are coming to Malaysia Grizz Panda and Ice Bear will visit Malaysia on the next stop of their pan Asia We Bare Bears are coming to Malaysia We Bare Bears We ll Be There tour Have you heard Cartoon Network s coolest bears have ...
The Online Reactions To The Final The Rise Of Skywalker Trailer Are All Over The Board

The Online Reactions To The Final The Rise Of Skywalker Trailer Are All Over The Board

papar berkaitan - pada 25/10/2019 - jumlah : 84 hits
Star Wars is a beloved franchise which I suppose means that reactions to it are going to be all over the board Some love it some hate it and many seem to post something akin to I have very low expectations for this film Is the bar looking p...
Here Are Nine Things I Ve Observed About Humans And Life On Earth As I Know It

Here Are Nine Things I Ve Observed About Humans And Life On Earth As I Know It

papar berkaitan - pada 25/10/2019 - jumlah : 82 hits
There are people in our country that insist they have great and unmatched wisdom when I don t really see it However it has encouraged me to say about myself that I feel I am exceptionally observant of human behavior which leads me to this b...
Race Based Events Are Racist If They Sow Hatred Towards Others Khalid

Race Based Events Are Racist If They Sow Hatred Towards Others Khalid

papar berkaitan - pada 27/10/2019 - jumlah : 52 hits
A race based gathering itself is not racist until it is used as a platform to create hate against other ethnicities said Federal Territories Minister Khalid Abdul Samad Taking to Twitter today the Amanah party leader was responding to Prime...
There Are Enough Reasons To Ban Dap Says Pas

There Are Enough Reasons To Ban Dap Says Pas

papar berkaitan - pada 26/10/2019 - jumlah : 110 hits
PAS deputy president Tuan Ibrahim Tuan Man said three recent controversies linked to DAP would justify a government ban of the party He named these as his claim against a DAP MP of promoting a Christian government the arrest of DAP lawmaker...
Are Dap Leaders Superman Hew S Kryptonite

Are Dap Leaders Superman Hew S Kryptonite

papar berkaitan - pada 26/10/2019 - jumlah : 59 hits
The ban on Hew Kuan Yew s comic book on China s Belt and Road Initiative must surely be the ultimate farce in the so called New Malaysia Suaram s annual human rights report has routinely listed banned books since the Barisan Nasional era bu...
Panas Diana Isteri Baru Sultan Kelantan

Penjelasan Sebenar Replika Keris Gergasi Di Pintu Utama Uiam Diturunkan

Wow Shuib Pernah Putus Asa Tiga Perniagaan Gagal Kurma Sampai Berulat Kopi Pun Tak Jual

Mary Kay Pulak

Aliff Aziz Dah Bebas Ibu Berterima Kasih Kepada Yang Mendoakannya

Seperti Dijangka Hakim Mengarahkan Najib Bela Diri Dalam Kes Src International Atas Alasan Wujud Kes Prima Facie

Raikan Cinta Amy Syafiq

Doa Meminta Aafiyah Di Dunia Dan Akhirat



Berbaloikah Pakai Helmet Full Face Untuk Pandu Motorsikal Kapcai

Siapa Lebih Kurang Ajar Alyah Jawab Dakwaan Biadab Pulang Awal Sewaktu Konsert GV6

7 Makanan Harian Yang Boleh Merosakkan Buah Pinggang Sekiranya Berlebihan

6 Filem Bajet Rendah yang Mempunyai Kutipan Melebihi RM 1 Billion

Kenapa Serangan Strok Dan Jantung Kerap Berlaku Dalam Bilik Air


Mesin Basuh Toshiba Aw A820mm Tak Berpusing Ganti Drain Motor Rosak

Main Pantai Di Yogyakarta

Pembedahan Bariatric Prosedur Paling Selamat Atasi Masalah Berat Badan Yang Melampau

Happy Birthday Amin Johansen 5 Tahun 11 11 2019

Kopi Ajes Bp Kopi Kampung Original Homemade Kopi Muar

Seluar Hiking Bundle Muar Dan Outdoor Parit Sulong