The right to health is recognised as a fundamental human right in the World Health Organisation (WHO) Constitution. In Malaysia, the enjoyment of the highest attainable standard of physical and mental health is a fundamental human right without discrimination for every human being. Consequently, the principle of the “right to health,” regardless of the legal status of an individual, is the driving force in creating acceptable standards of health care for all citizens. Even for individual who suffers from Covid-19, he still has a fundamental right to health. The issue of the right to health is whether the patients have any rights of their health? If they do have the right to health, the next issue is whether the hospitals are legally bound to follow such right, i.e. the right to health of the patients. Therefore, this paper aims to analyse and discuss the issues regarding the rights to health of the patients. Without the legal mechanism in recognising the right to health, it pointed out that is no such right. The method employed in this paper is qualitative based. The paper finds that although Malaysia does not have any specific legal framework about the right to health, the application of international legal mechanism can be referred to a guideline. Thus, it is important to have a specific legal framework by applying international legal mechanism in order to address this issue.
People fly for several reasons. One of the goals is to obtain medical attention. This idea is known as “medical tourism.” In defending this concept, the notion of medical tourism is one of the prospects of increasing industries that have rapidly grown in Malaysia and other countries. One of the factors that led to this trend is the propensity to pursue better medical care at a lower cost. Around the same time, certain patients in modern society have begun to provide input on their medical care in cases where they are unable to give consent. Advance Medical Directive (AMD) is a particular directive containing the desires of a knowledgeable patient regarding his or her future medical plans if he or she becomes incompetent or unable to make any decisions regarding his or her body. However, the concern that arises in the sense of medical tourism is whether there are applicable laws in Malaysia that will ensure that the AMD of patients is enforced. The art of AMD is still relatively new in the country and, as a result, the legal status on the AMD is still vague and uncertain. The purpose of this article is, therefore, to define the laws that can be applied in relation to AMD in the context of medical tourism. The approach used in this article is qualitative. It found that Malaysia did not have a clear legal framework for AMD within the scope of medical tourism. This article concludes that this legal challenge can be overcome by means of the special AMD regulations on medical tourism in Malaysia.
Part IXA of the Strata Titles Act 1965 ("STA") provides for the establishment of the Strata Titles Board ("STB"). STB is given the mandate to exercise quasi-judicial functions with regards to matters relating to multi storey buildings. The rationale for establishing the STB is to protect the interest of the parcel owners. However, the STB shall be abolished with the proposed enactment of the Strata Management Act 2013 ("SMA"). In line with Section 102 of the new Strata Management Act, the STB will be replaced with the Strata Management Tribunal ("SMT") in accordance with Part XI of the SMA. In theory, it is anticipated that the establishment of the SMT will address the strata titles management disputes particularly with regards to the failure on the part of the parcel owners to pay maintenance fees and issues on the election of their committee members. The aimed of this paper is to discuss the SMT in accordance with Part XI of the SMA with comparison to the STB, Singapore and the three (3) tiered dispute resolution processes in New South Wales, Australia. The objective of this paper is to see whether the provisions in SMA with regards to the establishment of the SMT is comparatively sufficient as provisions in the legislations of Singapore and New South Wales, Australia to address the strata titles management disputes. The research method used in writing up this paper is the qualitative research in which it will rely on the analysis of the relevant statutes, rules, regulations, books, journals, articles, thesis, seminar papers, electronic materials and various newspaper reports. The finding of this paper is that the provisions of the SMA regarding the establishment of the SMT together with the regulations to regulate the SMT may be sufficient to resolve the strata titles management disputes in a more expedient manner. It is hoped that any disputes shall be resolved more timely and efficiently with minimal costs since the parties in dispute can submit a case or claim before the SMT since not all matters may necessarily be taken to court in order for it to get resolved.
Qarinah is a kind of evidence which could be tendered in syariah courts' during trials. Syariah scholars and academicians have long acknowledged and recognized the unique and important role played by qarinah in syariah court proceedings. General acceptance, relevancy and admissibility of qarinah evidence have become the catalyst for admissibility on DNA evidence within the syariah legal fraternity. Amidst the relevancy and admissibility of DNA evidence under the current syariah legal provisions, ongoing debates on its application are brewing among contemporary academicians. Indeed, these debates stems from current legal provisions which are still underdeveloped. This article examines the admissibility of qarinah as well as DNA evidence in the light of the relevant provisions under the Malaysian Syariah Court Evidence Enactment. The research on which this article is based is qualitative and doctrinal in nature. All materials and information are analyzed through methodologies of content analysis and critical analysis. The article then looks into lacunas and gaps in the Malaysian Syariah Court Evidence Enactments as well as the Syariah Criminal Procedures Enactments and suggests on how to improve them.
Two recent developments in Brunei and
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