A move towards UNCAT accession by Malaysia: challenges and prospects
The Convention against Torture and Other CAruel, Inhuman or Degrading Treatment or Punishment 1984 (UNCAT) which was drafted after having regard to certain international human rights instruments such as the Universal Declaration of Human Rights 1948 and the International Covenant on Civil and Po...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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Penerbit Universiti Kebangsaan Malaysia
2021
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| Online Access: | http://journalarticle.ukm.my/16691/ http://journalarticle.ukm.my/16691/1/42086-151946-1-PB.pdf |
| _version_ | 1848814116151492608 |
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| author | Anati Kisahi, Rohaida Nordin, |
| author_facet | Anati Kisahi, Rohaida Nordin, |
| author_sort | Anati Kisahi, |
| building | UKM Institutional Repository |
| collection | Online Access |
| description | The Convention against Torture and Other CAruel, Inhuman or Degrading Treatment or Punishment 1984 (UNCAT)
which was drafted after having regard to certain international human rights instruments such as the Universal
Declaration of Human Rights 1948 and the International Covenant on Civil and Political Rights 1966, is an
instrument specifically drafted to put an absolute prohibition on any forms of torture, and other acts of cruel,
inhuman, or degrading treatment or punishment. So far, a majority number of 169 Member States of the United
Nations has become State Parties to UNCAT, save for Malaysia and some other minority Member States. Although
there have been calls for Malaysia to accede to UNCAT, Malaysia has always argued and maintained its position
that it is not ready for accession. Therefore, this manuscript aims: (a) to establish a backdrop to this research by
identifying the meaning of “torture” and “other cruel, inhuman or degrading treatment or punishment” and State
Parties’ duty under UNCAT; (b) to ascertain the challenges and potential for Malaysia in becoming a State Party
to UNCAT and accordingly, to recommend the approach to be taken by Malaysia pertaining to UNCAT accession. A
legal research methodology via qualitative method that uses primary sources such as international human rights
instruments and secondary sources such as academic literatures, is adopted for the purpose of this manuscript. |
| first_indexed | 2025-11-15T00:28:58Z |
| format | Article |
| id | oai:generic.eprints.org:16691 |
| institution | Universiti Kebangasaan Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-15T00:28:58Z |
| publishDate | 2021 |
| publisher | Penerbit Universiti Kebangsaan Malaysia |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | oai:generic.eprints.org:166912021-06-02T15:36:46Z http://journalarticle.ukm.my/16691/ A move towards UNCAT accession by Malaysia: challenges and prospects Anati Kisahi, Rohaida Nordin, The Convention against Torture and Other CAruel, Inhuman or Degrading Treatment or Punishment 1984 (UNCAT) which was drafted after having regard to certain international human rights instruments such as the Universal Declaration of Human Rights 1948 and the International Covenant on Civil and Political Rights 1966, is an instrument specifically drafted to put an absolute prohibition on any forms of torture, and other acts of cruel, inhuman, or degrading treatment or punishment. So far, a majority number of 169 Member States of the United Nations has become State Parties to UNCAT, save for Malaysia and some other minority Member States. Although there have been calls for Malaysia to accede to UNCAT, Malaysia has always argued and maintained its position that it is not ready for accession. Therefore, this manuscript aims: (a) to establish a backdrop to this research by identifying the meaning of “torture” and “other cruel, inhuman or degrading treatment or punishment” and State Parties’ duty under UNCAT; (b) to ascertain the challenges and potential for Malaysia in becoming a State Party to UNCAT and accordingly, to recommend the approach to be taken by Malaysia pertaining to UNCAT accession. A legal research methodology via qualitative method that uses primary sources such as international human rights instruments and secondary sources such as academic literatures, is adopted for the purpose of this manuscript. Penerbit Universiti Kebangsaan Malaysia 2021 Article PeerReviewed application/pdf en http://journalarticle.ukm.my/16691/1/42086-151946-1-PB.pdf Anati Kisahi, and Rohaida Nordin, (2021) A move towards UNCAT accession by Malaysia: challenges and prospects. Jurnal Undang-Undang dan Masyarakat, 28 . pp. 104-113. ISSN 1394-7729 https://ejournal.ukm.my/juum/issue/view/1378 |
| spellingShingle | Anati Kisahi, Rohaida Nordin, A move towards UNCAT accession by Malaysia: challenges and prospects |
| title | A move towards UNCAT accession by Malaysia: challenges and prospects |
| title_full | A move towards UNCAT accession by Malaysia: challenges and prospects |
| title_fullStr | A move towards UNCAT accession by Malaysia: challenges and prospects |
| title_full_unstemmed | A move towards UNCAT accession by Malaysia: challenges and prospects |
| title_short | A move towards UNCAT accession by Malaysia: challenges and prospects |
| title_sort | move towards uncat accession by malaysia: challenges and prospects |
| url | http://journalarticle.ukm.my/16691/ http://journalarticle.ukm.my/16691/ http://journalarticle.ukm.my/16691/1/42086-151946-1-PB.pdf |