Constitutional Protection of Human Rights in Nusantara Countries

Introduction

The presented paper is based on the analysis of three constitutions in respect of human rights in the main Nusantara countries – Indonesia, Malaysia, and Singapore.

The articles concerning personal rights are usually placed into separate parts of the constitutions under review, though some provisions can also be given in other different parts. Many international legal norms have been gradually incorporated into the domestic law of all Nusantara countries from the end of the twentieth century, though in the Philippines the process started earlier.

In the constitutions of the Nusantara countries, the principle of equality is the most important constitutional principle of the personal legal status. It corresponds to the democratic principle of equal opportunities and has undoubtedly democratic content, because it prevents the various forms of subordination of some groups by others. However, the concept of equality obviously does not apply to many other human rights aspects...