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Health and human rights within the context of international human rights laws and the Malaysian constitution

Mokhtar, Khairil Azmin (2021) Health and human rights within the context of international human rights laws and the Malaysian constitution. IIUM Law Journal, 29 (1). pp. 103-127. ISSN 0128-2530 E-ISSN 2289-7852

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Health rights, unlike political and economic rights, until recently has not received sufficient attention that it truly deserves despite being equally important as other aspects of human rights. It is timely that the right to health be given serious attention and more coverage by the media, legal fraternity and the authorities as well as by the public at large. Unfortunately, the Malaysian Constitution does not have any express provision which recognizes health right and no laws in the country so far acknowledged such right. Hence, this research is done to supplement the gap. This is a legal research which applies qualitative approach focusing on rights relating to private and public health. It is a doctrinal and jurisprudential study and examines international and national laws, especially the Malaysian Constitution. Health is essential for a good life of any human being. Without it a person cannot have a quality life. Although it cannot be expected that government must guarantee everybody will be healthy it cannot be denied that among the functions and obligations of the governments are to provide healthcare services to the community and ensure that facilities and avenues for medical treatments are available to the people. This right has been firmly established in international human rights laws. Its realization has been the subject and objective of various international conventions and policies. It is believed that right to health is ingrained in the constitution of the country and should be recognized by the courts and the governments.

Item Type: Article (Journal)
Uncontrolled Keywords: health, human rights, constitution, international law, life
Subjects: K Law > K Law (General)
K Law > K3150 Public law
K Law > K3165 Constitutional Law
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
Depositing User: Assoc Prof Khairil Azmin Datuk Mokhtar
Date Deposited: 06 Jul 2021 07:35
Last Modified: 06 Jul 2021 07:35
URI: http://irep.iium.edu.my/id/eprint/90562

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