Can a hospital, or a police station deny service based on a dress code?
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- Опубликовано: 6 окт 2024
- Can a hospital, or a police station deny service based on a dress code?
On January 30, 2023, a woman had been involved in a car accident. She wore an above-knee shorts. The Kajang Police Headquarters turned her away.
On 13 February, a woman was turned away by a Hospital because it was 'impolite for her to wear shorts'. She had to change into trousers before she was admitted.
In both these cases a dress code was cited as the reason for the denial of service. Both issues concerned government installations.
Can government installations have a legal right to turn people away based on their dressing?
What does the law say about that?
In 1995, Malaysia ratified the Convention on the Elimination of All forms of Discrimination Against Women.
Again, there is an internationally accepted Code of Conduct for Law Enforcement Officials.
There is a similar convention for medical professionals.
Every doctor takes the Hippocratic oath. The doctor swears that “The health of my patient will be my first consideration'.
It would be ridiculous to argue that “My patient’s dress code should be my first concern”.
The Malaysian Constitution
Article 8(1) states that:
'[All] persons are equal before the law and are entitled to equal protection of the law.'
Under Article 5(1):
'[No] person shall be deprived of his life or personal liberty save in accordance with the law.'
What is the meaning of the phrase 'save in accordance with the law'?
Could a police station or a hospital say: “Under our rules you cannot enter our installation unless you wear a decent dress”?
In 2010, in a case called Sivarasa Rasiah, the Malaysian Federal court ruled that “in accordance with the law” meant a law must be 'fair and just' and not, a law that was, ‘arbitrary or unjust’.
If a dress code was arbitrary or unjust’, that would violate fundamental rights.
Two questions arise from this proposition
Q-1: Can the Government stop people from entering government installations based on a dress code?
Q-2: Is a Government Dress Code within the Constitution?
Most Government Dress Codes are instructions to the Civil Service: e.g. Government Service Circular No. 2/1985 directs how civil servants (not all citizens) must dress.
Under the principle in the Sivarasa Rasiah case, is such a law 'fair' or 'just'?
A law that prevents a patient from approaching a hospital or a member of the public from approaching a police station cannot be 'fair' or 'just'.
Such directives offend the fundamental liberties in Articles 5 and 8 of the Constitution.
The Federal Court has also ruled on what the word 'life' means
What has all this have to do with a woman who enters a police station - or a hospital - with a pair of shorts?
It has to do with the concept of what is ‘life’.
Several cases have ruled that the 'right to life' in Article 5 (1) was 'more than mere animal existence'.
Are not police protection and medical assistance from a hospital, 'bare necessities of life'?
If a hospital has rules that exclude that right, those rules do not give ‘dignity’ to a member of the public. These dress codes are in breach of the Federal Constitution.
Equality and Article 8
As a multicultural nation, in Malaysia, there is a co-mingling of different communities, and adherents of different creeds.
What is accepted by one community could be discouraged in another.
If a person in one community thought wearing shorts was improper, that does not mean that every lady dressed in shorts in another community was therefore, ‘improper’, ‘impolite’ or ‘immoral’.
In a government installation, a person is in need of emergency assistance. It is illegal to deny that need.
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Really wish a lawyer would represent the victims, drag the government to court and settle it once and for all.
Thank you for your thoughts.
The government is ok, it's the government servant in question. Pull them 5o courts and punish them.
The root cause of this rut is based on religious supremacy by a particular group of religious zealots who play the role of God and impose their values and beliefs on others. This problem had become impossible to be rid off because the laws had invested too much of political and administrative powers on this zealots. The solution is to separate religion from politics, education and administration. And this will remain a piped dream for Malaysians.
Thank you for your views.
🤝🤝😎
A second full fledged Taliban state is slowly but steadily coming into formation.
Clear, concise & convincing explanation. Time for ‘Govt servants’ to stop acting as moral policemen & Make a fool of themselves
Thank you for your kind words
Why can't the hospital immediately give a hospital gown?
Good option. Thank you for your views
Government servants are to serve the peoples, not for the peoples to.please them.
Thank you for your views
These are the people we live with.
Thank you for your views.
Thank you for your information.. 👍
You are welcome
These happen in one and only doomed country Malaysia. As Malaysians we are all upset and ashamed.
Thank you for your views.
When you let fools run an entity, he or she will introduce foolish regulations.
Thank you for your views
Next will be a dress code for food. Starving and undressed? No food for you!
Thank you for your views
Yes only in Malaysia.
Thank you
With apologies respected Sir, the problem lies not only with the State Secretary and “the likes of such individuals”; but also, on ALL the members of the Bar Council who are full of learned lawyers but who do not have the *passion to fight for the civil rights of the general public, when such directives and laws are enacted and implemented. (*I am being polite here)
Had only a group of lawyers on behalf of the Bar Council had sued the culprits, we will not have such problems reaching into dance, music, movies, beverages, cloths, food, eating and so many other infringements. I have lived to hear of doctors using a pencil to check patients and waiting for a day when a woman in delivery is rejected because she is not fully clothed. My cynicism is directed at the Malaysian Bar Council.
I wouldn’t blame them. If citizens are not willing to fight for their rights what is there for Bar Council to do? The Bar Council is already overburdened with many many issues for which they fight. Not a single lawyer serving in the Bar Council is paid a red cent for it. Yet they do it day in and day out. When something goes wrong everyone points a finger at the Bar Council. It is the MPs we should ask.
Most silly ruling ever hear.
Thank you for your views
Thank you for educating me🙏
Small thing la
Service is nothing to do with dress code. Our mentality is everything in time of emergency
Thank you for your comments.
This is what has become of our country.. Speechless.. I suppose they will only know how ridiculous it is when things happens to them..
Thank you
All our government buildings seem to have dress codes including JPJ. What about the dress code to enter into buildings housing our courts?
M
@@aimeelee296 J v 0 cup78898l
Well said. Thank you so much
You are welcome.
This is going down the path of Taliban.
Thank you for your views
I was denied entry at a lower court for a hearing for my husband even though the dress I was wearing was below my knees and it was very modest. I was forced to go home and change to a trousers and blouse to be allowed in... this is getting too ridiculous. I can understand if it's a religious place but all other places should not impose such things imho
You are right!
You wear hijab cannot be identified can she be serve or admitted?????
Suppose a woman in her swimming suit was drowning in a swimming pool. A goverment hospital ambulance was called. On arrival of the ambulance, what if the ambulance staff refused to transport her to the hospital? No laughing matter, as it might just happen.
Absolutely
They will charge the victim for indecent wear.
I agree with you. Moral policing is on the rise. As i see it the religious rules of a community is being enforced upon all. This has got to stop.
Thank you for your opinion.
Reminds me of what I read happening in Afghanistan though not to that extent .
Thank you for this timely and sensible explanation.
Thank you Prema.
Obey the law. They are meant to be obeyed.
Right
Thank you for the clear and concise explanation. I once went to the PJ library in Jalan Selangor- was refused entry as I was wearing a sleeveless blouse- library was staffed entirely by one race. Taxes paid by all races to benefit one race. Moved to a country which is run by intelligent people .
And this is how brain drain began decades ago.
A pity.
Thank you for your loyal support to this channel
@@GKganesan sir what about Afghanistan and Iran they are evil for women rights
Am a 70 yr old man now. In the early 1980s I was once stopped from entering the University of Science library Penang in my short pants (not hot pants) where I was a public member.
Malaysian govt can change from BN to PN or to any other coalition multi party government, no use. Useless. Too many Little Napoleon’s. Rotten to core of the rank & file of the government agency. Lawyer can blah blah about this article or this or that code, waste of time. The little napoleons rule the grassland.
We, Singapore welcome all the intellectuals irregardless of race and religion ~ equal opportunities for all as 1 people, 1 country, 1 Singapore.
Whats wrong with being decent?
Thank you for your views
Very beautiful message with facts and meaningful explanation all through your talk. Thank you for your enlightening speech . Keep up the good job in educating the public in legal aspects .
Thank you for your kind words.
It would benefit those who cannot read or understand English to have your thoughts translated into MALAY! Would they then ask you whether you can speak Malay or not?
Dress code only for formal and official function
Thank you for your views
In the case where the lady went to the hospital, the case could have been settled with a blanket over the ‘offending’ shorts. As is done in all cases of any one in the emergency department. It is customary to cover the torso down as part of hospital provoke. It’s just decency and maintenance of dignity of the patient apart from giving a sense of security to the patient. Obviously that medical person there wasn’t educated enough. But more intent on exhibiting his misplaced power, vanity and ego. Should go to a place other then a place dealing with humans and humanity. Same on him and the system that has encouraged this form behaviour.
Thank you for your views
It is not a law, but ethics
Thank you for your comments.
What is the secretary of state say on this . He is being keeping quiet on this matter. C'mon wake up change the rules especially for police and hospital departments. If you can't do the necessary, resign and get a better knowledgeable person for the job. The Home ministry should liase with the state secretary and get things done fast before it gets out of control. If both of you still ignore this matter, then it's either shape up or ship out.
Thank you for your views.
Malaysian style Rules Based Dress Code - xx make the rules and all must obey.
Thank you for your views
Its a classic case of implementing 'letter of the law' as opposed to 'intent of the law'....many 'loyar buruk' around these days....
Thank you for your view
i can understand when it is not a very urgent matters such as visiting. but when it is a matter of urgency such as making a report or needing medical assistance, should be relaxed or allowed. they need to revamp the enforcement of the dress code accordingly.
Thank you for your views. You are right!
Only in Malaysia BOLEHLAND
Thank you for your comment
Only government servant is entire to wear dress code
True
What is the dress code in operation theatre and what is happening in operation theatre only the staff know.
Thank you for your comments.
NO
Thank you for your views
Thank you sir for explaining .
Thank you so much for your support.
Very good explanation. Tq
Thank you
Where is humility and compassion,,.???
Thank you for your view
Thank you very much sir. A very commendable insight. Very well said. 👍👍👍
Many thanks for your kind words.
Not suprised by the hypocrites making moral regulation by themselves
....even a SPM qualification guard can make that law...!!!
Thank you for your views
Please continue to speak up, revealing n exposing the injustices that we hv had to live with simply becos of our pendatang status.
Thank you for your views.
Moral policing
Thank you for your comment.
in malusia, ' privileged community ' little Napoleon are enforcing their rules on the non...
Thank you for your views
Where is democracy and freedom of atire, if the atire is not indecent but public hospitals and police stations refuse to serve the public? Who give them the right as public servants to refuse service based their idiosyncrasies and whims?
True!
So what are Malaysians As civil society doing about it?
Thank you for your view Mr Chong
Very good explanation . Thank you.
Thank you so much.
Thank you for sharing your thoughts. Well application of highest laws of the land, the Constitution. 👍✌
Thank you for your support Jeremy
Dear Sir, you’re doing a good job. I would like to suggest that you do videos on what to do when you’re arrested, traffic stops, accidents for our information purpose. Thank You Sir
Thank you for your views
Can these overzealous and misguided self appointed "moral guardians" be made to face serious legal action? Maybe then they will see the error of their ways.
Well, that the Government can do. Will it?
Thank you for This Very Enlightening and Educational Presentation to Educate the Ordinary People of Malaysia.
You are welcome. It is people like you, who appreciate the trouble our team takes, that reaffirms our faith in Malaysians.
Scenario 1 , a suspected thief was apprehended and detained in police lock up. The suspect was in short and shirtless (let's say a male suspect) will he be prevented from entering the police station?
Scenario 2, a sick patient was admitted to the hospital and has to change to a 1 piece patient attire whereby it is worn backward with a slit from the shoulder all the way down to the thigh walking around the hospital ward. Isn't that improperly dressed ?
No. It depends on where and for what the dressing is for, right? Wouldn’t do that in a lecture theatre! Or a mall! Thank you for your views.
Agreed for cases of emergencies, life threatening and similar.
Thank you for your views En Sulaiman
Emergency if we go to hospital or police station have to wear entire dress code my God
Thank you for your views Choo Ann
Just imagine a woman was about to arrest a woman and since she was a wearing a mini skirt, is the police going to leave her till they find in long pants to arrest her. Also for guy who are wearing short cannot be arrested till they are caught with their long pants.
Thank your for your views.
@@GKganesan Hi, this is Hareen who used to be your student in 1982 in Tudm Kinrara for education department. That time you were Captain.
Bolehland's *excuses* are now becoming jokes to everyone else in this world with some brains.
Well: we all have to start somewhere. If you engage those in power with strength and courtesy, instead of being rude or loud; you may still get your way.
The world is watching n laughing at us!
Thank you for your views
We are having the clown to run our country so far😮😅😢
This is not even about a dress code. They can admit people dressed in sarongs. Are these people appropriately dressed? And for non-Muslims, dresses which are considered appropriate for office or even formal dinners can also be denied entry, simply because the aurat is not covered. Since when does this apply to non-Muslims in public places? Of course, if we are visiting a mosque or other religious places, we will dress appropriately. But considering that this is a hot tropical country, it is very common that people go about in shorts and sleeveless dresses. As long as they are not considered indecent by normal standards, why should it be an issue in a multiracial country?
Thank you for your views.
My daughter was denied entry to make a police report on lost wallet at Brickfields police station on Saturday 25 February 2023 as she wore shorts. She had to go change into a skirt before they let her in😱
Goodness. I hope things improve
Does the hospitals dress all accident victims properly before they are treated ? Does the policeman dress all criminals properly before they are put in jail ?
Thank you for your views.
Good evening sir. Honestly, I agree with what you said. This usage ethic is often applied and only used by an individual who works in a department based on the current environment. As an individual who works in the relevant ministry, I believe they can accept the public at their discretion.
Thank you for your views
@@GKganesan you’re most welcome Sir😁
This is utterly nonsense, when there is an emergency, dress code is not important. RIdiculous government laws.
Absolutely
In emergency , if accident the person wearing short how?As she have to go home and change first.
Cannot the govt just cancel that earlier memo . Then all these unnecessary eager people becoming fashion police only and not doing their job? 🤦🤦. What's the issue to do this?.. I thought Madani concepts applies ie respect another is not there 🤦🤦🤦
Thank you for your views, sir.
Okay, ski what is going to be done about it?
Who is going to hold the little napoleons legally accountable?
These are basically racial discrimination, whereby Bumiputra is upheld as with the higher regards. I hear remarks that the non Melayu of Chinese n Indian are sons/daughters of slaves/labourers over Tongshan n r undesirables brought over by past colonial powers.
Even the liquor Timah is queer to linkage to Fatimah???
So stupidities persist amongst the ruling governance. Because these desirables r so privileged to access via fake/phony educational degree. All these r swept under the carpet, because the dirt to clustered to clear.
Thank you for your views
So who should be held accountable? The one that gives vague instructions (Chief Secretary) or the one that decides what's good or bad depending on their mood?
The Government should give clear guidelines. And the law should be enforced with the understanding that the poor, the oppressed, the needy, and the ill
Lol good to know if I ever visit Malaysia
👍
Them: omg omg kneels~
what an evil civilization you are!
Thank you for your views
It’s strange that for the sake of self-imposed standard of morality a person can commit an act of cruelty to not treat a sick person or to assist in their urgent need. One of the key laws of behaviour of love and compassion for fellow human beings seems to have been lost somewhere.
Thank you for your views
@GKtv Law so if the same situation were to happen like the girl in hospital who was denied attention because of her attire, what should one do at that exact moment? People need to know exactly what is the next practical step to take if such situation happen to them. Looking forward to yr reply. Thank you sir.
Ask to meet the senior manager of the institutions. Explain the law, as above. If they persist, bring it to the attention of social media. But get your facts right. Preserve evidence. Take photos and videos. If they persist, raise with the relevant minister. Write to your MP. That is what they are there for. If you engage those in power with strength and courtesy, instead of being rude or loud; you may still get your way.
@@GKganesan Thank you for your reply sir.
That's why, we need channels like yours to educate us of our basic rights. I am fortunate that I can speak Malay proficiently, so that usually gives me an added advantage esp when dealing with unusual situations.
Is there a way to share these basic legal rights in Malay Language?...in a different channel. Just sharing an idea, because how simple legal terms are sometimes interpreted differently because there is no common legal entity to address it en masse. Basic citizen rights should be taught in schools.
Thank you for your sharing unselflessly.
You need to advised Malaysian police chief, he might be less knowledgeable
Thank you for your view
He doesn't know the law 😮😅😢
A few people in the comments have stated experiencing this blatant treatment......to force a change, I think those are affected should raise their experiences via socia media liked Facebook, tic tok, Instagram, or bring the incidence to their senators.
I agree. Thanks
MY GOD
Thank you for your views.
next global summit all foreign ambassadors wear pants . Make sure dinner also pants
Thank you for your views
I would suggest the person concern should sue the authority.
Well, this requires courage. Who will bell the cat?
In Malaysia yes,that’s why they say Malaysia boleh.😂😂😂
Thank you
As a malay man I'm also very angry wt this issue. Basically just check from where the officers involve are originated from which state, I can imagine. One more thing we cannot do anything wt SOP of Bukit yg penuh dgn anai2.iit already to late we are progressing into Azov situation.look at when army hold their rifle against population during PKP....
Thank you for your views, sir
My kids former school in Section 31, Shah Alam - the Lady security guard has been stopping parents for many years for wearing above knee dresses or sleeveless blouses/ dresses even though proper office wear😩 Still stopping even now😱
The PTA must take steps.
Can make a group protest to the school or bring it up to the education department to give a ruling on this😮😅😢
Yes, in Malaysia can. Need proper dress first. Than we see what is the emergency.
Thank you for your views.
No use one lah, you can argue until stone turn into sand .
But it will fall on deaf ears one.
We all know what is the problem , but everyone have to tip toe around the edge of the issue . Afraid that feelings will be hurt.
Personally, I find that women of all ages are wearing short, short shorts, butt cheeks revealing shorts in public places where every one can see every crease and blemish and hair ,
I dont like it, it belongs maybe in beach , private residence area.
I hope people of both sexes can dress modestly and dress proper.
We are not a poor country
Thank you for your comments.
Criminal must be smart to get strip to their underwear when cornered by police....
Thank you
Silly religious idealogies....
Thank you for your views Fabian
These recent incidences bring to mind the 1992 American drama entitled "A Few Good Men"; specifically, the sentencing scene, wherein one of the two US marines being charged, exclaimed disbelieve when the jury of the Navy court found them guilty "on the charge of conduct unbecoming of an United States Marine" despite having already proved in same court, they were merely following the orders of a superior authority.
Whilst following orders is duty, following orders at the expense of one's primary obligation in profession, especially a professional one: (as examples) in the case of men of uniform 'to protect the weak', in the case of medical professionals 'to help the ill', etc. is most unprofessional. Having said, I do believe in the need for one to observe the appropriate etiquette and decorum, especially when such is necessary and required, and when one is capable of doing so.
Thank you for your balanced view.
In Malaysia, courts don't apply dress codes for the accused.
Thank you for your views
The dress code depends on the setting. Blind implementation is silly.
True
The enforcer are all blinds 😮😅😢
Denial of Govt services is not founded on any law and the Chief Secretary is not empowered by any law to make a dress code to be complied with to receive Govt services which are funded by tax payers money. Those who denied Govt services based on dress or religion or gender are in violation of the law. What about burnt victims?
Thank you for your views
If imposing the dress code in Government installations breaches our Federal Constitution and is against the law, why is the IGP endorsing it ?? Blindly taking the directive from the Chief Secretary without checking it's legality shows gross incompetence in my book.
Thank you for your views
The Igp don't know about the law but they are the enforcer of the law. It's a joke he just take instructions from AG, what bullshit is this😮😅😢
We r in Bolehland
Thank you for your views
The affected victims and all civil society must come together to initiate legal action against the govt to determine the legality of rules prohibiting the right of the public to be served in govt agencies/departments due to the dress they wear.
Thank you for your views.
Only an Employer have the Right to imposes dress code on its employees,for simple reasons that an Employer are the paymaster of the employees.
Well an opposite argument could be made that such dress should be ‘reasonable’: the employer asks you to wear skimpy clothes in a factory, for instance. Should one comply? Can the employer be taken to court for oppressive behaviour?
@@GKganesan Of course this is to be done prior to your employment .
Is the Chief Secretary of the government, the department in question and relevant government officer liable for issuing a directive and the resulting enforcment of such a directive which discriminates and denies services due to the public
They may not be blameworthy. It is in the indiscriminate implementation of these rules that mistakes are made.
This kind of problem has been infested by certain groups of religious and political bigots and it is difficult to rid off cos it’s already in their mind set to give the minorities a hard time!!!
Thank you for your views Michelle
Can hospital or police station deny services to public based on dress code - Malaysia Boleh (boleh is malay word for “can”).
Thank you for your views
Hi Sir, good day...
Hi. Thank you for your support
Help. Talibans here . Talibans everywhere. Take note the Talibans have landed
Thank you for your view
Ini semua little napolean. Patut kerajaan dan kementrian tentukan SOP once and for all.
True
I've heard these stories from the news, but to hear a whole lot more of the same from the comments is pretty disturbing. What if it was a European female tourist that is used to wearing loose and short clothing in a tropical country? Ai yai yai.
Thank you for such an informative video.
Thank you for your kind words.
We also have law enforcement officers who uses the Rukun Negara to their own interpretation instead of the proper rules of law.
Thank you for your views
If I may say, that hospital gowns would be also deemed as not polite😅….hence the guard should chase all inpatients out ya😂😂😂
Thank you for your views