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Constitutional principles in relation to the rights of migrant workers to social security in Malaysia: adopting the human rights approach

Mohamad Amin, Noor Shuhadawati and Ab Aziz, Norjihan and Ab Hamid, Zuraini (2019) Constitutional principles in relation to the rights of migrant workers to social security in Malaysia: adopting the human rights approach. International Journal of Asian Social Science, 9 (10). pp. 508-515. ISSN 2226-5139 E-ISSN 2224-4441

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Abstract

Enactment of the social security laws in Malaysia does not take into consideration the Malaysian Constitution’s constitutional principles. Likewise, the Constitution itself does not specify the provisioning of social security rights. Nevertheless, two provisions are particularly relevant for the recognition of fundamental rights to the migrant workers in Malaysia: firstly, equality of treatment and secondly, prohibition of slavery and forced labour. The concept of equality as enshrined in Article 8 of the Malaysian Federal Constitution states that all persons are equal before the law. Furthermore, Article 6 of the Constitution prohibits any form of slavery and forced labour. Hence, any form of discrimination, slavery, and forced labour to migrant workers cannot be tolerated. First, this paper aims to examine the basic principles of human rights framework in relation to migrant workers. Next, this paper seeks to analyse these constitutional principles in the light of Malaysian social security laws. Due to the lack of constitutional provisioning on social security in Malaysian Constitution, this paper also examines the experience from the South African Constitution because social security in the country has been constitutionally protected. Lastly, the possibility of implementing the same constitutional principles in Malaysian Constitution will be observed by adopting the human rights approach.

Item Type: Article (Journal)
Additional Information: 7736/75326
Uncontrolled Keywords: Migrant worker, Social security, Constitution, Malaysia, Law South Africa, Human rights.
Subjects: K Law > K Law (General)
K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button): Ahmad Ibrahim Kulliyyah of Laws
Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User: Dr Noor Shuhadawati Mohamad Amin
Date Deposited: 15 Nov 2019 10:01
Last Modified: 26 Nov 2019 15:17
URI: http://irep.iium.edu.my/id/eprint/75326

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