Papers by Ikmal Hisham Md. Tah
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Abstrak Artikel ini membincangkan konsep hak asasi manusia bagi golongan orang kurang upaya (OKU)... more Abstrak Artikel ini membincangkan konsep hak asasi manusia bagi golongan orang kurang upaya (OKU) yang sudah mula mendapat pengiktirafan pada peringkat antarabangsa apabila Konvensyen PBB Hak Orang Kurang Upaya dan Protokol Pilihan diwujudkan pada tahun 2006. Di Malaysia, ketiadaan peruntukan penalti dalam Akta OKU 2008 menghalang konsep hak asasi manusia dilaksanakan dengan wajar. Selain itu, golongan OKU masih lagi berhadapan dengan persepsi negatif dan diskriminasi masyarakat, sekali gus dinafikan layanan sama rata disebabkan oleh ketidakupayaan mereka. Model sosial ketidakupayaan menggunakan pendekatan hak asasi manusia dilihat lebih sesuai untuk menganalisis keperluan dan hak asasi OKU sejagat bagi menggantikan model perubatan. Tiga prinsip utama pendekatan hak asasi manusia, iaitu maruah, kesamaan dan inklusif penting dilaksanakan kerana mampu mengurangkan persepsi negatif dan diskriminasi masyarakat terhadap golongan OKU. Ketiga-tiga prinsip ini juga membantu
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Marginalization and discrimination of Persons with Disabilities (PWD) by a certain segment of soc... more Marginalization and discrimination of Persons with Disabilities (PWD) by a certain segment of societies are common problems in many countries mainly due to lack of legal measures in addressing the problems. This is one of the main factors that leads to the creation by the UN of the Convention on the Rights of Persons with Disabilities and the Optional Protocol (UN CRPD) in 2006. The treaty is significant due to various reasons and one of them is because it shifts the promotion and protection of the rights of people with disabilities from medical or charity model towards social model which adopts human rights based approach. This approach has become recent phenomena in international law which have been used by jurisdictions all over the world. As a member of the international community, Malaysia became a signatory of the UN CRPD in 2008 and later ratified it in 2010. The commitment was the impetus for the enactment of the PWD Act 2008. Malaysia, however, has made reservations on two main articles of the CRPD namely Article 15 (freedom of torture or cruel, inhuman or degrading treatment or punishment) and Article 18 (liberty of movement and nationality). It also does not sign the Optional Protocol which allows individual and groups complaint to the CRPD Committee for any breach occurred. This paper analyzes Malaysian's compliance with the rules and obligations under the UN CRPD. The Report of Roundtable Discussion on Removing Reservations of International Conventions (CEDAW, CRC & CRPD) from the Human Rights Commission of Malaysia (SUHAKAM) will be referred as part of the duty of SUHAKAM to ensure government's compliance with international human rights treaty. It is concluded that the reservation of the articles should be removed to ensure better progress of development on human rights in Malaysia.
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International Journal of Future Computer and Communication
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Chapters-in-Books by Ikmal Hisham Md. Tah
Constitutional Law & Human Rights in Malaysia: Topical Issues and Perspectives
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Protecting The Elderly Against Abuse and Neglect
The promotion and protection of the rights of persons with disabilities (PWD) have not seen much ... more The promotion and protection of the rights of persons with disabilities (PWD) have not seen much progress in the past decades. Disabled people especially the elderly have been mainly neglected. They need proper attention because they are weak, handicapped, and unable to live and make decision independently. The United Nations Convention of the Rights of Persons with Disabilities (CRPD) has provided significant attention to the elderly with disabilities to improve their rights especially relating to their life, dignity, employment, social security, health and housing. Under the convention State Party must include protection and care for elder with disabilities within its legal and policy framework. As a State Member to CRPD, Malaysia has enacted the Persons with Disabilities Act 2008 to fulfil the international obligations improving the laws and policy relating to disabled people. Malaysia has two policies related with elderly; National Policy for the Elderly and National Health Policy for Older Persons. These policies however, focus disability in terms of access to health rather than other rights that might suit with elderly with disabilities. With the existence of CRPD and PWD Act 2008, there is needed to consider broader rights of elderly with disabilities including social support system, accessible rights to buildings, facilities, employment, education and situation of risks and humanitarian emergencies. Thus, it is pertinent to analyse the possible legal and policy strategies that can be implemented in Malaysia to provide such protection for elderly with disabilities from being abused and neglected by the society.
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Thesis Chapters by Ikmal Hisham Md. Tah
Disability & Society, 2019
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Papers by Ikmal Hisham Md. Tah
Chapters-in-Books by Ikmal Hisham Md. Tah
Thesis Chapters by Ikmal Hisham Md. Tah