Should a prisoner have the right to vote?

UK Prime Minister, David Cameron thinks that prisoners’ voting rights should be ignored and agreed that the crime committers  are incapable of voting in any parliamentary or local election, announcing: "I don't see any reason why prisoners should get the vote. This is not a situation I want this country to be in." but the courts are telling the UK government that they are required to lift the blanket ban on prisoners voting right and it was given a six months to do so or else they are going to be fined.[1]Since we do not remove prisoners' access to healthcare or we don't prevent them from practising their religion, therefore why should the government has decided to  impose a blanket ban on prisoner's right to vote? This issue was challenged  in Hirst v United Kingdom  by the European Court of Human Rights (ECHR), in which the court's judges objected to Britain's blanket ban on voting by those serving prison sentences.[2] The EU is always based on the values of human dignity, freedom, democracy, equality and respect for human rights, including the rights of persons belonging to minorities.[3] There it comes to raise the topic when we all knew  people serving a sentence of any length continue to contribute financially to society from within prison. They still pay tax on their savings, capital gains and any earnings they may receive during their sentence. If they are civically alive when it comes to financial contributions, they should be treated in the same way when it comes to enforce fundamental human rights. 


Comment

The right to vote is the cornerstone of a democracy and any laws that prevent anyone from voting could upset the political process in this country. However, looking it from Malaysia standpoint, voting is not compulsory and everyone has to register as an elector before we can take part in voting.The right to vote is governed by Art 119 of the Federal Constitution. UK constitution with regard to the right to vote is a very wide when compared to Malaysia very own constitution as Malaysia constitution is now stand in its own right and it is in the end of the wording of the constitution itself that is to be interpreted and applied, and this wording can never be overridden by the extraneous principle of other constitution.[4]        


[1] Greens and MT v the UK(2011)53 EHRR 21, (2010) 160 NLJ 1685; 60041/08 (ECHR 23 NOVEMBER 2010).

[2] Hirst v United Kingdom (No 2) [2005] ECHR 681

[3] The Convention for the Protection of Human Rights and Fundamental Freedoms, Art 3, Protocol 1.

[4] Loh Koi Choon v Government of Malaysia [1977] 2ML J 187