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.
A patient has the exclusive rights to determine what he wants or do not want to be done to his body. In this context, consent becomes a crucial factor that must be present before a doctor is allowed to treat his patient. Under the common law, an adult patient has the legal rights to determine the treatment that he wish to undergo and will subsequently consent to. This must be done when that patient still has the capacity to give consent and it must be given voluntarily without interference by any person. This relates to the rights of an individual patient to make decision autonomously whether to give consent or to refuse to give consent. In view of this legal position, the issue that will be the focus of discussion in this article is whether a patient who has the right to give consent also has the same right to refuse treament in Malaysia. Therefore it is the aim of this article to examine the law relating to consent to medical treatment by an adult patient in Malaysia together with the right of refusal.It is found that in order to
The world is now facing phenomenon of violent extremism that threatens universal safety and security. The United Nations (UN) is against violent extremism and urges Member States to prevent violent extremism in their respective countries. In this context, Malaysia as one of the Member States under the UN is also required to take an initiative towards preventing violent extremism in the country. The pertinent question is, what is meant by violent extremism? Does violent extremism only focus on Islam? These questions need to be answered first before the government begins its initiative in preventing violent extremism in the country. Without a clear interpretation of the law, extremism cannot be effectively prevented and miscarriage of justice may occur. Therefore, this article intends to address the available legal framework on prevention of extremism in Malaysia. Before venturing into the Malaysia’s legal framework on prevention of extremism, this article will give an overview of the international framework on prevention of extremism. In achieving the objective of this article, the authors used qualitative approach with content analysis method. The article found that Malaysia has many legislations which act as preventive laws, but none of legislations define extremism.
Patient's autonomy to make his own decision is an ethical principle that has been interpreted into the legal concept of consent. Consent to medical treatment is a very fundamental aspect in medical law as it can be regarded as an acknowledgment that a patient has the right to make his own decision on what he wants to be done to his body. In the area of consent, capacity of the patient to make decision plays an important role. Capacity from the context of a patient's age is one of the factors that needs to be considered in deciding whether that particular patient has capacity to give consent or not. In this paper the focus will be on whether children governed by the Malaysian Child Act 2001 have the right to give consent to their medical treatment. In discussing this issue, the writers will look into the general legal position of children to give consent in Malaysia before going into the specific legal provisions pertaining to consent to medical treatment for children governed by the jurisdiction of the Child Act
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