Domesticating international legal instruments in Malaysia: the challenges and prospects relating to anti human trafficking law

The international framework of human trafficking has becomes the main guiding framework for most of the countries around the globe in combating the crime. The issue of human trafficking was brought to global attention mainly through United Nations Universal Declaration of Human Rights 1948 (UDHR) fo...

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Main Authors: Mokhtar, Khairil Azmin, Ab Hamid, Zuraini
Format: Proceeding Paper
Language:English
English
Published: 2014
Subjects:
Online Access:http://irep.iium.edu.my/42148/
http://irep.iium.edu.my/42148/1/Anti_Human_Trafficking-DOMESTICATING_INTERNATIONAL_LEGAL_INSTRUMENTS_IN_MALAYSIA.pdf
http://irep.iium.edu.my/42148/8/42148.pdf
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author Mokhtar, Khairil Azmin
Ab Hamid, Zuraini
author_facet Mokhtar, Khairil Azmin
Ab Hamid, Zuraini
author_sort Mokhtar, Khairil Azmin
building IIUM Repository
collection Online Access
description The international framework of human trafficking has becomes the main guiding framework for most of the countries around the globe in combating the crime. The issue of human trafficking was brought to global attention mainly through United Nations Universal Declaration of Human Rights 1948 (UDHR) followed by Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children. It is the objective of UDHR to recognize the inherent dignity, equality and inalienable rights of a man which become the basis of freedom, justice and peace regardless the gender, race and religion of the person. The UN Protocol has supplemented the Declaration by providing a standard approach to state parties in combating the trafficking. It is known as “3Ps” model which aim to prevent the crime, protect the victim and prosecute the perpetrator. This paper provide legal analyses to determine whether the Malaysia’s legal response through its’ Anti Trafficking in Persons and Smuggling of Migrants Act 2007 and other supplemented Acts are in compliance with the UN Declaration and Protocol. It is an important area of study because the most recent U. S Department of Trafficking in Persons’ report shows that Malaysia has lack of “3Ps”approaches in its legal framework. This paper concludes that a reformation to Malaysia’s legal response is significant to ensure its compliance with the international framework and to be more successful in combating the crime.
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spelling iium-421482016-11-10T02:39:45Z http://irep.iium.edu.my/42148/ Domesticating international legal instruments in Malaysia: the challenges and prospects relating to anti human trafficking law Mokhtar, Khairil Azmin Ab Hamid, Zuraini K Law (General) KPG Malaysia The international framework of human trafficking has becomes the main guiding framework for most of the countries around the globe in combating the crime. The issue of human trafficking was brought to global attention mainly through United Nations Universal Declaration of Human Rights 1948 (UDHR) followed by Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children. It is the objective of UDHR to recognize the inherent dignity, equality and inalienable rights of a man which become the basis of freedom, justice and peace regardless the gender, race and religion of the person. The UN Protocol has supplemented the Declaration by providing a standard approach to state parties in combating the trafficking. It is known as “3Ps” model which aim to prevent the crime, protect the victim and prosecute the perpetrator. This paper provide legal analyses to determine whether the Malaysia’s legal response through its’ Anti Trafficking in Persons and Smuggling of Migrants Act 2007 and other supplemented Acts are in compliance with the UN Declaration and Protocol. It is an important area of study because the most recent U. S Department of Trafficking in Persons’ report shows that Malaysia has lack of “3Ps”approaches in its legal framework. This paper concludes that a reformation to Malaysia’s legal response is significant to ensure its compliance with the international framework and to be more successful in combating the crime. 2014-09-09 Proceeding Paper NonPeerReviewed application/pdf en http://irep.iium.edu.my/42148/1/Anti_Human_Trafficking-DOMESTICATING_INTERNATIONAL_LEGAL_INSTRUMENTS_IN_MALAYSIA.pdf application/pdf en http://irep.iium.edu.my/42148/8/42148.pdf Mokhtar, Khairil Azmin and Ab Hamid, Zuraini (2014) Domesticating international legal instruments in Malaysia: the challenges and prospects relating to anti human trafficking law. In: International Conference on Law, Policy and Social Justice (ICLAPS 2014), 10th-11th Sept. 2014, Penang. (Unpublished)
spellingShingle K Law (General)
KPG Malaysia
Mokhtar, Khairil Azmin
Ab Hamid, Zuraini
Domesticating international legal instruments in Malaysia: the challenges and prospects relating to anti human trafficking law
title Domesticating international legal instruments in Malaysia: the challenges and prospects relating to anti human trafficking law
title_full Domesticating international legal instruments in Malaysia: the challenges and prospects relating to anti human trafficking law
title_fullStr Domesticating international legal instruments in Malaysia: the challenges and prospects relating to anti human trafficking law
title_full_unstemmed Domesticating international legal instruments in Malaysia: the challenges and prospects relating to anti human trafficking law
title_short Domesticating international legal instruments in Malaysia: the challenges and prospects relating to anti human trafficking law
title_sort domesticating international legal instruments in malaysia: the challenges and prospects relating to anti human trafficking law
topic K Law (General)
KPG Malaysia
url http://irep.iium.edu.my/42148/
http://irep.iium.edu.my/42148/1/Anti_Human_Trafficking-DOMESTICATING_INTERNATIONAL_LEGAL_INSTRUMENTS_IN_MALAYSIA.pdf
http://irep.iium.edu.my/42148/8/42148.pdf