Chapter 3: Human Rights – Fundamental Liberties

This chapter focuses on the rights guaranteed under Part II of the Federal Constitution of Malaysia,
known as Fundamental Liberties.

1. Article 5 – Right to Life and Personal Liberty

 “No person shall be deprived of life or personal liberty except in accordance with the law.”

 Protects against unlawful detention and ensures due process.

 Includes habeas corpus (right to challenge unlawful detention).

 Important case: Tan Tek Seng – right to life includes the right to live with dignity.

2. Article 6 – Slavery and Forced Labour

 No person shall be held in slavery or forced to do labour.

 Exception: National service or court-ordered community service is allowed.

3. Article 7 – Protection Against Retrospective Criminal Laws

 You cannot be punished for something that wasn't a crime at the time you did it.

 Also includes protection against double jeopardy (being tried twice for the same offence).

4. Article 8 – Equality Before the Law

 All persons are equal before the law and entitled to its equal protection.

 Prohibits discrimination based on religion, race, descent, or birthplace in laws.

 Exceptions: Special rights for Malays and natives of Sabah & Sarawak (Article 153).

5. Article 9 – Prohibition of Banishment and Freedom of Movement

 Citizens cannot be banished or denied entry to Malaysia.

 Every citizen has the right to move freely throughout Malaysia.

6. Article 10 – Freedom of Speech, Assembly, and Association

 Citizens have the right to:

o Freedom of speech and expression

o Peaceful assembly
 o Form associations

 These are qualified rights – they can be restricted for reasons like security, public order, or
morality.

7. Article 11 – Freedom of Religion

 Every person has the right to profess and practice their religion.

 Restrictions allowed in terms of propagation to Muslims (e.g., spreading other religions to

Muslims can be restricted by state law).

8. Article 12 – Rights in Respect of Education

 No discrimination in education based on religion, race, or descent.

 Rights of religious groups to establish and maintain their own educational institutions.

9. Article 13 – Rights to Property

 No person shall be deprived of property without adequate compensation.

 Compulsory acquisition of land is allowed but must follow the law and fair compensation.

Types of Rights (important exam concept!)

These are applied to Articles 5–13:

1. Absolute Rights

 Cannot be limited or restricted.

 Example: Protection against slavery (Art. 6), retrospective criminal laws (Art. 7).

2. Qualified Rights

 Rights can be restricted for public interest.

 Example: Freedom of speech and assembly (Art. 10).

3. Derogable Rights

 Can be temporarily suspended during an emergency.

 Example: Personal liberty (Art. 5) during a declared emergency.

 Summary Table of Fundamental Liberties
Article Right Type Key Notes

Art. 6 No slavery or forced Absolute Exceptions: national service, court orders

labour
Art. 7 No retrospective criminal Absolute No double jeopardy; only punished under existing law
laws

Art. 5 Right to life & personal Derogable Cannot be detained unlawfully; habeas corpus applies
liberty
Art. 9 Freedom of movement Derogable Citizens can’t be banished; movement within Malaysia
allowed
Art. 13 Right to property Derogable Land can be acquired by law with fair compensation

Art. 8 Equality before the law Qualified No discrimination (except for affirmative action under Art.
153)

Art. 10 Freedom of speech, Qualified Restrictions allowed for national security, order, morality
assembly, association
Art. 11 Freedom of religion Qualified May be restricted for propagation to Muslims

Art. 12 Rights to education Qualified No discrimination; religious schools allowed

Types of Rights

 Absolute → Cannot be restricted at all (e.g., Art. 6, Art. 7)

 Qualified → Can be limited under the law (e.g., Art. 10, 11, 12)

 Derogable → Can be suspended during emergencies (e.g., Art. 5, 9, 13)

Exam Tips

 Be able to identify which articles grant which rights.

 Understand the difference between absolute, qualified, and derogable rights.

 Know which rights can be restricted and under what conditions.

Q&A
Q1. Which article guarantees freedom of religion?
– Article 11

Q2. Is the right to not be subjected to forced labour absolute or qualified?

– Absolute (as per Article 6)

Q3. Can freedom of speech be limited by law?

– Yes; it is a qualified right (Article 10)

Q4. What does Article 7 protect against?

– It protects against retrospective criminal laws and double jeopardy

Q5. What is the significance of Article 8?

– It guarantees equality before the law and prohibits discrimination

Q6. Which rights are considered derogable and can be suspended during emergencies?
– The right to life and personal liberty (Art. 5), freedom of movement (Art. 9), and property rights
(Art. 13)

Q7. Can the government restrict propagation of religion to Muslims?

– Yes; the propagation of religion to Muslims can be restricted under certain provisions in Article 11

Q8. What does the writ of habeas corpus protect?

– It protects against unlawful detention by ensuring a court review (habeas corpus)

Q9. Can a person be punished for an act that wasn’t a crime when committed?
– No; a person cannot be punished for an act that wasn’t a crime when committed (Article 7)

Q10. What are the three types of rights under fundamental liberties?
– Absolute, Qualified, and Derogable rights

Q11. What article guarantees equality before the law?

– Article 8
Q12. What conditions allow the government to restrict freedom of movement?
– They may be restricted under exceptional circumstances, such as during emergencies or for public
safety, as prescribed by law2

Q13. How does Article 13 protect property rights?

– It ensures that property cannot be taken without adequate compensation and according to legal
procedures

Q14. Under what article can religious schools be established?

– Article 12

Q15. What makes a right “qualified”?

– A right is “qualified” when it can be limited or restricted by law, typically for reasons like public
safety, order, or protection of the rights of others