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6 - The Right to Freedom of Thought in Malaysia

from Part II - Asia

Published online by Cambridge University Press:  06 March 2025

By
Kalpana Sivabalah
Edited by
Patrick O'Callaghan  and
Bethany Shiner
Patrick O'Callaghan
Affiliation:
University College Cork
Bethany Shiner
Affiliation:
Middlesex University, London
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Summary

This chapter explores the status of freedom of thought in Malaysia. It begins with a consideration of certain definitional issues surrounding freedom of thought and it provides a brief overview of the Malaysian legal system. As there is no explicit right to freedom of thought in Malaysia, this chapter considers the limited utility of international human rights treaties in protecting freedom of thought within the Malaysian context and the inherent difficulties in using qualified constitutional provisions on freedom of religion and freedom of expression to safeguard the absolute right to freedom of thought. It also considers the impact of various restrictive legislation upon the right to freedom of thought. The chapter concludes with the pessimistic view that freedom of thought is insufficiently protected within the Malaysian jurisdiction.

Keywords

Freedom of thoughtMalaysiaFederal Constitution
Type
Chapter
Information
The Cambridge Handbook of the Right to Freedom of Thought , pp. 70 - 82
Publisher: Cambridge University Press
Print publication year: 2025

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