Access to justice: with reference to international and domestic law

The Universal Declaration of Human Rights 1948 provides that all human beings are born free and equal in dignity and rights. In Malaysia, the basic concept of equality before the law and equal protection of the law is contained in art. 8(1) of the Federal Constitution. Discrimination implies unfair treatment of two or more persons or subjects on grounds such as race, gender, disability, age and religious belief, among others.1 Discrimination may be categorised into direct and indirect discrimination. The former occurs when someone is treated less favourably than others, while the latter occurs when certain rules or regulations put certain individuals at a disadvantage. Discrimination may arise in numerous circumstances, and this includes access to justice. Having said the above, this chapter discusses access to justice as a fundamental human right with reference to international instruments and domestic laws.