The United Nations convention on the rights of persons with disabilities (UNCRPD) and Malaysia: an overview

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...

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Main Authors:	Md. Tah, Ikmal Hisham, Mokhtar, Khairil Azmin
Format:	Conference or Workshop Item
Language:	English
Published:	Zes Rokman Resources 2016
Subjects:	K Law (General) KPG Malaysia
Online Access:	http://irep.iium.edu.my/53883/ http://irep.iium.edu.my/53883/ http://irep.iium.edu.my/53883/19/AP%20Dr%20Khairil%20-%20PICCWED.pdf

id	iium-53883
recordtype	eprints
spelling	iium-538832017-02-08T08:38:11Z http://irep.iium.edu.my/53883/ The United Nations convention on the rights of persons with disabilities (UNCRPD) and Malaysia: an overview Md. Tah, Ikmal Hisham Mokhtar, Khairil Azmin K Law (General) KPG Malaysia 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 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 concentrates on human rights based approach. This approach has become recent phenomena in international law which have been adopted by jurisdictions all over the world. In order to fulfill its international obligation in this regards Malaysia had become a signatory of the UN CRPD in 2008 and later ratified it in 2010. The commitment became 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 will analyze the Malaysian’s compliance with the UN CRPD. It is concluded that the reservation of the articles should be removed and interpretative declaration should be made to ensure it is in accordance with Federal Constitution and domestic laws in Malaysia. Zes Rokman Resources 2016-12-03 Conference or Workshop Item PeerReviewed application/pdf en http://irep.iium.edu.my/53883/19/AP%20Dr%20Khairil%20-%20PICCWED.pdf Md. Tah, Ikmal Hisham and Mokhtar, Khairil Azmin (2016) The United Nations convention on the rights of persons with disabilities (UNCRPD) and Malaysia: an overview. In: Putrajaya International Conference on Children, Women, Elderly and Disabled People 2016 (PiCCWED2016), 3rd-4th Dec. 2016, Bandar Baru Bangi, Selangor. http://www.piccwed.com/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) KPG Malaysia
spellingShingle	K Law (General) KPG Malaysia Md. Tah, Ikmal Hisham Mokhtar, Khairil Azmin The United Nations convention on the rights of persons with disabilities (UNCRPD) and Malaysia: an overview
description	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 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 concentrates on human rights based approach. This approach has become recent phenomena in international law which have been adopted by jurisdictions all over the world. In order to fulfill its international obligation in this regards Malaysia had become a signatory of the UN CRPD in 2008 and later ratified it in 2010. The commitment became 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 will analyze the Malaysian’s compliance with the UN CRPD. It is concluded that the reservation of the articles should be removed and interpretative declaration should be made to ensure it is in accordance with Federal Constitution and domestic laws in Malaysia.
format	Conference or Workshop Item
author	Md. Tah, Ikmal Hisham Mokhtar, Khairil Azmin
author_facet	Md. Tah, Ikmal Hisham Mokhtar, Khairil Azmin
author_sort	Md. Tah, Ikmal Hisham
title	The United Nations convention on the rights of persons with disabilities (UNCRPD) and Malaysia: an overview
title_short	The United Nations convention on the rights of persons with disabilities (UNCRPD) and Malaysia: an overview
title_full	The United Nations convention on the rights of persons with disabilities (UNCRPD) and Malaysia: an overview
title_fullStr	The United Nations convention on the rights of persons with disabilities (UNCRPD) and Malaysia: an overview
title_full_unstemmed	The United Nations convention on the rights of persons with disabilities (UNCRPD) and Malaysia: an overview
title_sort	united nations convention on the rights of persons with disabilities (uncrpd) and malaysia: an overview
publisher	Zes Rokman Resources
publishDate	2016
url	http://irep.iium.edu.my/53883/ http://irep.iium.edu.my/53883/ http://irep.iium.edu.my/53883/19/AP%20Dr%20Khairil%20-%20PICCWED.pdf
first_indexed	2023-09-18T21:16:13Z
last_indexed	2023-09-18T21:16:13Z
_version_	1777411579838464000

The United Nations convention on the rights of persons with disabilities (UNCRPD) and Malaysia: an overview

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