Pertanika Journal of Social Sciences & Humanities
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Pertanika · Universiti Putra Malaysia Press

Pertanika Journal of Social Sciences & Humanities

Official journal of Universiti Putra Malaysia for scholarly work across the social sciences, humanities and related interdisciplinary fields.

e-ISSN 2231-8534 ISSN 0128-7702
Research article

Legal analysis on the Right to Livelihood for Stateless Persons in Malaysia

Tamara Joan Duraisingam and Harmahinder Singh Iqbal Singh

KeywordsConventions, livelihood, refugees, stateless
Article content

Abstract

In Malaysia, there are various communities that have stateless persons in their midst. As the Malaysian government is not a party to the Convention Relating to the Status of Stateless Persons 1954, these individuals have limited rights or no rights within the State. Of all rights that individuals are entitled to, the right to livelihood would be one of the more important rights. Unfortunately, the Federal Constitution of Malaysia does not expressly provide for this right to livelihood for all persons living in the State. However, a liberal interpretation of existing law is possible. There have been instances where judges employed a liberal approach to the interpretation of provisions of the Federal Constitution of Malaysia. This study attempted to analyse the current position of stateless persons in relation to the right to livelihood in Malaysia by applying the concept of livelihood through a liberal interpretation of the right to life under art 5 of the Federal Constitution of Malaysia. The research encompassed a content analysis of international law, domestic law (including the Federal Constitution), and theories of incorporation of international law into the domestic sphere. The research further delved into the possible inclusion of the right to livelihood for stateless persons through the liberal construct of law in Malaysia.