7.7 The Basic Freedom of the Citizens
Presentation
The Constitution guarantees the basic freedom of all citizens. It can be found in Part 2 of the Constitution. Among the freedoms are:
- Freedom of worship
Every citizen has the right to practice a religion. However, state laws can restrict faith or beliefs among Muslims.
- Freedom from slavery and forced labor.
According to Article 6, no one can be detained as a slave. All kinds of forced labor are prohibited. However, forced labour can be enforced on prisoners as a form of punishment, thus it is not looked as a forced labour.
- Freedom from abuse of the law.
No one can be punished if his action is not considered as an offence in the eyes of the law. However, nobody can take the law in his or her own hand.
- Individual freedom
Everybody is entitled to his or her own freedom. If a person is arrested, he must be informed the reason of the arrest at that time he is arrested. Also, he must be brought before a magistrate within 24 hours of the arrest. He must be allowed to appoint a lawyer of his own choice. However, if he is arrested under ISA (International Security Act), he needs not to be brought before a magistrate.
- Freedom to speak, to assemble and to form associations.
All citizens are free to speak out their minds, to assemble and to form a union but the Parliament can restrict the freedom. For example, if the citizens assemble or form union to question the special rights of the Malays of the status of the national language, they can be detained under ISA.
7.7 The Basic Freedom of the Citizens
- Freedom to own property
The citizens also can own wealth or property as much as they want provided the property is earned according to the law. No citizen can be deprived of his or her property except under the law. Adequate compensation must be paid for any property that has been wrongly seized.
- Freedom from exile and restriction of movement
All citizens have the right to move freely and live in any part of the federation. However, restriction can be imposed due to national security, public order or as a punishment to criminals.