Social and Economic Rights vs. Human Rights: Case Studies and Analysis

This essay delves into the critical relationship between social, economic, and human rights, using Malaysia and Hong Kong as key case studies. It examines how government policies, such as Malaysia's Budget 2020, aim to promote social and economic well-being, and the impact of these policies on the broader economy. The essay also explores instances of human rights abuses, particularly concerning police brutality, highlighting the misuse of power and its consequences. Through detailed analysis of specific incidents, the essay underscores the importance of upholding human rights to protect citizens' safety and ensure societal stability. The author calls for the government to take serious action to address these abuses and ensure that fundamental rights are respected and protected under the law.

Question 1
Social and economic rights provide protection for the dignity, well-being of individuals
and freedom by guarantee with state-supported entitlements to housing, a living wage, education,
public health care, decent working conditions and other social goods.
The Government believes that an inclusive budget which will aid a larger segment of the
public will encourage the development of social enterprises, and aid in improving socio-
economic welfare and community building. Referring to (Eng 2019) budget 2020 Malaysia, the
four thrusts anchoring are Driving Economic Growth in the New Economy and Digital Era,
Investing in Malaysians: Levelling Up Human Capital, Creating a United, Inclusive and
Equitable Society, and the last is Revitalization of Public Institutions and Finances.
As the Government did notice that important of social grow will direct impact to the
economy grow as well. To have a very strong economy base, the social may need to be getting
well build in first, due to both of it is linking to each of it. So in the first actions by Government
is to protect the peoples thought the basic social right, where the country budget most are used to
protect or support the majority of the group. For an example Budget 2020, Government did
allocated 37.9 per cent for programs and projects under the social sector, followed by economic
(16.2 per cent), security (11.3 per cent), and general administration (7.5 per cent) sectors, said
(Bernama 2019). In social sector investment will be champion among the others.
Meanwhile, Lim Phing Phing Director at PwC International Assignment Services Sdn
Bhd said, “Whilst there is no major shift in economic policies, the budget proposals clearly

reflect the government’s continued commitment to promote job creation, strengthen the M40 and
B40 group and grow the economy.”, referring to (Kenas 2019). From statement, it really showed
that Government work on social and economic right, with putting much effort to help M40 and
B40 group.
For my second case study will referring to Hong Kong-China where the peoples protests
since March 2019 by the students or the young generation. As the protests progressed, the
protesters laid out five key demands, which include investigation into alleged police misconduct
and resumption of democratic reforms that were promised in the Basic Law (freedom). The
young had sound out their voice of their needs, but in another side in directly their pulling down
the Hong Kong economy.
According to (Bray 2019), InterContinental Hotels Group (IHG), the operator of the
Crowne Plaza and InterContinental hotels in Hong Kong, both reported this week declines in
revenue per available room in their Asia-Pacific operations in the third quarter, citing in part the
unrest in Hong Kong. Protests and unrest that have disrupted Hong Kong for over four months
are weighing on the results of major hotel operators and spirits makers as fewer tourists are
visiting the city.
No ending protests at Hong Kong will not only pull down the Hong Kong economy, it
also brings much inconvenience to the local citizen in theirs daily activities, such like schooling,
traffics, public property destroying and many others more. While the protests grind on, the short-
term economic consequences for the people of Hong Kong are beginning to mount. A drop in
consumer spending on non-essential goods is one of the most visible signs of its impact. Summer
retail sales from July to August are expected to be down by more than 10% from a year earlier.

The protests that shut down Hong Kong International Airport for about two days have also taken
a toll.
Base on the above 2 case studies, Social and Economy Right are playing the importance
roles to build up an economy of a country. With the correct direction, it may really to help and
protect the different categories of peoples. If ran it with different way, it may interrupt people’s
daily routine life, if come to worst, it may collapse a country.
Question 2
Human rights are rights inherent to all human beings, regardless of race, sex, nationality,
ethnicity, language, religion, or any other status. It did also include the right to life and liberty,
freedom from slavery and torture, freedom of opinion and expression, the right to work and
education, and many more. But some of the police forces did abuse their power against the
human right. Following is sample of case studies to discuss on the abuse of police powers in
Malaysia.
Case one, November 2010, police shot and killed Mohd Hanafi Omar, 22, Mohd Hairul
Nizam Tuah, 20, and Mohd Shamil Hafiz Shapiei, 15, on suspicion of robbing a petrol station at
Glenmarie, Shah Alam. Referring to (HAMDAN 2013) the three bodies did found more than a
gun shoot on chest and forehead, but in another side, police said the three youths had attacked
the police with machetes and therefore the police had to open fire on the three and kill all three.
The polices had abuse of police power where they claim that three youths have robbing
the petrol station before gone through investigation. Secondly, report from forensic, the three
youth is shot at close distance. From claim by the families of the youths, alleged that the deaths

were a result of the policemen's action were reckless, indifferent, without justification, and did
not follow proper procedure.
If the reason is to stop, the police should not shoot to the head and chest which are able
causing to death. The police should not too shot any person to death or judge someone of guilty
before the court or before investigation. However, in this case, the police really misuse their
power. Referring to (MAGESWARI 2015), civil suit dismissed after the High Court ruled that
policemen had fired shots in self-defense.
Case 2, Referring to (ArinaHafizah 2013) after six weeks in hiding, the police inspector
implicated in the murder of N Dhamendran while in custody, surrendered to the police. On the
22nd of May 2013, N Dhamendran, who was arrested and in police custody due to a fight on
May 11, was found dead at Hospital Kuala Lumpur with bruises all over and staples in both his
ears. Inspector Kamarul Rizal confirmed that Dhamendran died in police custody, igniting
allegations that this is the worst case of police brutality.
Base on (AVINESHWARAN 2013) the post-mortem examination conducted at the Kuala
Lumpur General Hospital on May 22 determined the cause of death to be "diffused soft tissue
injuries due to multiple blunt force traumas". Again police have over done on the power that
passes to their hand. The misuse of the police power which causing hurt not only to the victims
but also victim family’s member will suffer nervous shock, mental despair and extreme grief.
Where the hurt will never been recover or pay back in any method.
Conclusion for the above cases, the power that have given to the police officer is to
protect the citizen safety, property and keeping the duty. The people should be protected under
UHDR Article, the basic concepts of dignity, liberty, and equality, the right to life and the

prohibition of slavery and torture must be implemented in every country. As a citizen in this
country, I am urging to Government to take serious when handling the cases of abuse of police
power to the people.
Reference
ArinaHafizah. [NEW UPDATE] Dhamendran's Death: Fourth Cop Surrenders After Six Weeks. May 22,
2013. https://says.com/my/news/convicted-criminal-n-darmindran-brutally-dies-in-custody-
worst-police-brutality.
AVINESHWARAN, T. Lock-up deaths: Dharmendran's son will never be able to celebrate Father's Day
again, says mother. June 19, 2013.
https://www.thestar.com.my/news/nation/2013/06/19/lockup-deaths-dharmendrans-son-will-
never-be-able-to-celebrate-fathers-day-again-says-mother/.
Bernama. Govt allocates RM297 billion for Budget 2020. Oct 11, 2019.
https://www.nst.com.my/news/nation/2019/10/528942/govt-allocates-rm297-billion-budget-
2020.
Bray, Chard. Hong Kong protests hit InterContinental, cognac maker Remy Cointreau’s third-quarter sales
as fewer tourists visit city. Oct 18, 2019.
https://www.scmp.com/business/companies/article/3033619/intercontinental-cognac-maker-
remy-cointreaus-third-quarter.
Eng, Finance Minister Lim Guan. Full text of Budget 2020 speech. OCT 11, 2019.
https://www.thestar.com.my/news/nation/2019/10/11/full-text-of-budget-2020-speech.
HAMDAN, NURBAITI. Families of three youths allegedly shot dead by cops sue police, government.
November 12, 2013. https://www.thestar.com.my/news/nation/2013/11/12/families-youth-
sue-govt-cops.
Kenas, Tharmini. Budget 2020: Did Everybody Get Something? OCT 11, 2019.
https://www.imoney.my/articles/budget-2020-winners-losers.
MAGESWARI, M. Families of youths allegedly shot dead in robbery lose case against cops. Aug 11, 2015.
https://www.thestar.com.my/news/nation/2015/08/11/courts-youths-shot-dead-damages/.