Movement Control Order (MCO) - A Viable Legal Mechanism in the Management of COVID-19 Pandemic in Malaysia?

Q3 Social Sciences

Journal of Comparative Asian Development Pub Date : 2023-08-29 DOI:10.4018/jcad.315650

S. Said, A. Aman, M. R. Hassan, Omkar Dastane

{"title":"Movement Control Order (MCO) - A Viable Legal Mechanism in the Management of COVID-19 Pandemic in Malaysia?","authors":"S. Said, A. Aman, M. R. Hassan, Omkar Dastane","doi":"10.4018/jcad.315650","DOIUrl":null,"url":null,"abstract":"COVID-19 has caused a global health disaster accompanied by economic and social unpredictability. This study evaluates the legislative measures implemented in Malaysia throughout Phases 1 through 7 of the Movement Control Order in an effort to battle the pandemic and stem its spread. The narrative review applies a socio-legal analysis with reference to primary sources, including Malaysian legal documents and legislation. Findings suggest that the law complements other preventive efforts implemented by the government to break the chain of virus transmission, especially the Prevention and Control of Infectious Diseases Act of 1988. This study illustrates that the public interest must trump individual rights in order to not only respond to this crisis, but also recover and prosper in the fight against the pandemic. In addition, it is recommended that enforcing a clearer set of international MCO laws within regional security cooperation will contribute to the development of a stronger global community with a shared future, as well as promote international law and neighborhood diplomacy.","PeriodicalId":53585,"journal":{"name":"Journal of Comparative Asian Development","volume":"249 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Comparative Asian Development","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.4018/jcad.315650","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}

引用次数: 0

Abstract

COVID-19 has caused a global health disaster accompanied by economic and social unpredictability. This study evaluates the legislative measures implemented in Malaysia throughout Phases 1 through 7 of the Movement Control Order in an effort to battle the pandemic and stem its spread. The narrative review applies a socio-legal analysis with reference to primary sources, including Malaysian legal documents and legislation. Findings suggest that the law complements other preventive efforts implemented by the government to break the chain of virus transmission, especially the Prevention and Control of Infectious Diseases Act of 1988. This study illustrates that the public interest must trump individual rights in order to not only respond to this crisis, but also recover and prosper in the fight against the pandemic. In addition, it is recommended that enforcing a clearer set of international MCO laws within regional security cooperation will contribute to the development of a stronger global community with a shared future, as well as promote international law and neighborhood diplomacy.

查看原文本刊更多论文

行动管制令(MCO)——马来西亚管理COVID-19大流行的可行法律机制?

COVID-19造成了一场全球卫生灾难，伴随着经济和社会的不可预测性。本研究评估了马来西亚在行动控制令第1至第7阶段为防治这一流行病和阻止其传播而实施的立法措施。叙述性审查适用于参考主要来源的社会法律分析，包括马来西亚的法律文件和立法。调查结果表明，该法律补充了政府为打破病毒传播链而采取的其他预防措施，特别是1988年《传染病预防和控制法》。这项研究表明，公共利益必须高于个人权利，才能不仅应对这场危机，而且在抗击疫情的斗争中实现复苏和繁荣。建议在地区安全合作框架下，进一步明确国际军事行动法，有利于构建更加紧密的人类命运共同体，促进国际法和周边外交的发展。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

求助全文

约1分钟内获得全文求助全文

来源期刊

Journal of Comparative Asian Development Social Sciences-Political Science and International Relations

CiteScore

1.30

自引率

0.00%

发文量

期刊介绍： The Journal of Comparative Asian Development (JCAD) aims to offer the most up-to-date research, analyses, and findings on the many aspects of social, economic, and political development in contemporary Asia conducted by scholars and experts from Asia and around the world.