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.
The rise of standard form contracts and the use of unfair terms to deprive consumers from their rights have indeed inspired the law in many countries
The inclusion of welfarist ideology in the consumers’ trade derived from the ideal of paternalism is a paradigm change from the doctrine of freedom of contract. Regulatory and legislative steps must be taken to support and attract consumers to the industry. Judicial and legislative actions must be taken to correct the market flaws that create consumers’ vulnerability while trading in the global market. As one of ASEAN members’ founders, Malaysia is moving towards people-centered economic endeavours to balance both industry and consumer interests through exclusion clauses to prevent unfair practices in consumer contracts. Legal intervention is one of the ways to curbing the issues that arise from exclusion clauses. Before 2010, the non-existence of a specific regulatory framework to limit exclusion clauses usage in contracts involving consumers further increases consumers’ vulnerability. Traditional judicial approaches in the battle against coercion and unethical behaviour of traders before 2010 did not engross consumer rights and interests. This sign is, in fact, the modern age of customer contracts, the enforcement of unfair terms. This article used the content analysis technique and analysed the evolution of legislative interference and judicial approaches in interpreting exclusion clauses in contracts involving consumers in Malaysia and Singapore.
PurposeThe aim of this paper is to characterise the association between business network and the balanced scorecard used by Malaysian small and medium enterprises (SMEs) as a method for assessing firm efficiency. The business network takes into account both the dimensions of stability and efficiency. The business network can help SMEs, with fewer resources to remain competitive. By having a secure business network, the performance of SMEs in Malaysia can be further improved. A business network can facilitate swift coordination amongst distant geographies to create new competitive advantages by accessing market segments, resources as well as building strategic business alliances.Design/methodology/approachA total of 404 sets of data collected by using stratified random sampling and structured questionnaire as an instrument. The list of SMEs collected from the Malaysia Foreign Trade Growth Corporate Directory (MATRADE) directories. Structural equation modelling (SEM) was utilised to analyse the data.FindingsThe findings show that the business network plays a role in the balanced scorecard (BSC) outcomes of Malaysian SMEs.Originality/valueThis article provides the owners and managers with an awareness to rapidly achieve the company's efficiency. Finally, the new article often has some consequences for decision-makers and regulators.
The relevance of this study Advertisement is a form of communication that is easy to be absorbed by consumers. Businesses use various marketing strategies to capture the attention of the prospective consumers to promote, to introduce and to attract consumers to buy their products. Conventional advertisement through print media, television and radio which the sources of advertisement mainly come from news, journalism and entertainment content has significant change due to the growing of online advertising. Despite various laws and regulations governing advertising in Malaysia, the challenges on online advertising remain problematic. Malaysia Advertisers Association raises their concern on digital advertising fraud and it is expected to remains an issue globally in the foreseeable future. Advertising market is a huge market worldwide with vast expenditure spends on advertising strategies. According to Guttmann from Statista (Guttmann, 2021), despite the challenges on Covid-19 pandemic which affected many industries, advertisement spending worldwide has been increasing steadily. It is expected to surpass 630 billion U. S. dollars in 2024. The forms of advertisement include television and radio, print media, digital and mobile advertising. In Malaysia, the total investment in advertising expenditure in 2019 was approximately 4.4 billion Malaysian ringgit. Regarding advertising and the problems of its legal regulation in Lithuania, it should be noted that trademarks play such an important role that there are almost no goods that are not marked with trademarks (Duguid, P., 2016). In the current market of goods and services, in the presence of huge competition, with the increase in the scale of international trade, the goods of manufacturers are increasingly distinguished by their own brand. The main problems identified in the research paper: effectiveness of establishment of centralised management; direct liability of a parent company; exit and buy-out rights of minority shareholders. Problems in Lithuania also arise that when promoting a product, several or even dozens of different products may be offered to the user under the same sign, without the need to re-introduce each one, which may confuse the user. The research paper undertakes following tasks: 1) to analyse laws and regulations governing advertisement in Malaysia and Lithuania; 2) to examine the Malaysian communications and multimedia content code; 3) to reveal misleading and deceptive conduct, false representation and unfair practice under the consumer protection act; 4) to disclose rising issues of targeted advertisement and advertising by influencer; 5) to compare results of previous tasks with Lithuanian law. The research paper concludes that offence contravenes any of the provisions of sections 3, 4, 4A and 4B of the Act. For first conviction, a fine not exceeding RM 3.000 or to imprisonment for any term not exceeding one year or to both may be imposed. In the case of a subsequent conviction, a fine not exceeding RM 5.000, or to imprisonment for a term ...
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