The Constitutional Protection Of Citizens In The Health Sector Under The Malaysian Legal Framework: An Overview

Abstract

The right to enjoy good health and unhindered access to health care services are guaranteed constitutional rights in Malaysia. Both the regulatory and institutional frameworks in the health care system are designed to ensure that such rights are protected at every level, from the laws promulgated by law-making bodies to the policies, ethical codes and guidelines issued by the MOH, MMC, MMA and other medical societies. The preservation of the fundamental liberties conferred by the FC however, are not entirely unqualified and are subject to certain legal limitations, which are intended to safeguard against infractions to the social fabric and protect the greater good of societal interests. The importance of this balance has never been more apparent than in current times i.e. in terms of managing the COVID-19 pandemic, where such individual rights to a certain extent must submit and acquiesce to the necessity of protecting public interest.