Revisiting the Laws and Policies Related to Educational Rights of Stateless Children in Malaysia

Rahmat, Nur Ezan; Randawar, Daleleer Kaur; Jayabalan, Sheela; Razak, Muhammad Umar Abdul; Azmi, Izuan Izzaidi

doi:10.6007/ijarped/v10-i3/11261

Cited by 4 publications

(9 citation statements)

References 6 publications

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“…Authors such as Hasni et. al (2021) ;Rahmat et. al (2021) believe that the best way to ensure the stateless children have access to education is by granting them citizenship.…”

Section: Literature Reviewmentioning

confidence: 99%

“…Adoptive parents to stateless children may resort to make an application for citizenship under Article 15A Federal Constitution, which enables children under the age of 21 years old to be conferred citizenship under special circumstances, based on the discretion of the Home Ministry. This, however, is a lengthy process that could take years and deprives the child from basic rights (Hasni et al, 2021;Rahmat et al, 2021).…”

Section: Literature Reviewmentioning

confidence: 99%

“…Nevertheless, such protections cannot be enforced as Malaysia did not ratify the convention by UNESCO and reserved Article 28(1) of the CRC. It is highlighted by several authors that the reservation of Article 28(1) of CRC, is because it contravenes Article 12 of the Malaysian Federal Constitution which limits the right to education for citizens (Samad & Badrol, 2018;Rahmat et al, 2021;Hasni et al, 2021). The reservation is also scrutinised by the Malaysian Bar, as it was of the view that this would only add unnecessary bureaucracy that would complicate the lives of these stateless children and make it even more arduous.…”

Section: Literature Reviewmentioning

confidence: 99%

See 2 more Smart Citations

A Legal Analysis of Stateless Children and Their Rights to Education in Malaysia: A Comparative Study with Thailand

Rostam¹,

Ahmad²,

Murshid³

et al. 2022

IJARPED

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Statelessness has been a substantial issue around the globe, including Malaysia, yet the rights to education for the stateless is often overlooked. The discussion on the stateless rights to nationality remains endless, and the possibility for them to possess such rights in the near future is fairly low. Thus, this research seeks to find ways to ensure stateless children can still have access to education regardless of their inability to acquire citizenship. In that regard, this paper further analyses the laws and policies governing stateless children's rights to education in Malaysia and Thailand and propose amendments. This research found that undocumented children in Malaysia are allowed to enrol in public schools under the Professional Circular 2009 and the Zero Reject Policy 2019 which is still enforced. Nevertheless, such policies are still inadequate compared to the 2005 Cabinet Resolution Policy in Thailand. Through the doctrinal research on Malaysian, Thai and international laws, this paper found that the laws in Malaysia are not sufficient to ensure the rights to education of stateless children is protected and it is suggested that the Malaysian government should amend the existing laws and policies to resolve the issue.

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“…Authors such as Hasni et. al (2021) ;Rahmat et. al (2021) believe that the best way to ensure the stateless children have access to education is by granting them citizenship.…”

Section: Literature Reviewmentioning

confidence: 99%

Section: Literature Reviewmentioning

confidence: 99%

Section: Literature Reviewmentioning

confidence: 99%

See 1 more Smart Citation

A Legal Analysis of Stateless Children and Their Rights to Education in Malaysia: A Comparative Study with Thailand

Rostam¹,

Ahmad²,

Murshid³

et al. 2022

IJARPED

View full text Add to dashboard Cite

show abstract

“…At the individual level, children born overseas to Malaysian mothers will be denied government-subsidised healthcare. The Malaysian government's emphasis was that every child, regardless of nationality, may acquire healthcare at any public health facility (Rahmat et al, 2021). However, children with no nationality are classified as foreigners and charged according to foreign patient rates (Rahmat et al, 2021).…”

Section: Bmentioning

confidence: 99%

“…The Malaysian government's emphasis was that every child, regardless of nationality, may acquire healthcare at any public health facility (Rahmat et al, 2021). However, children with no nationality are classified as foreigners and charged according to foreign patient rates (Rahmat et al, 2021). Without government subsidies, parents of these children are forced to bear higher fees for medical attention, with admission deposits ranging from RM500 and RM1200 (Free Malaysia Today, 2022).…”

Section: Bmentioning

confidence: 99%

Mommy, Am I Malaysian? The Plight of Children Born Overseas to Malaysian Women

Herman¹,

Ikhsan²,

Jalil³

et al. 2022

IJARBSS

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Citizenship is a vital human right, especially to children, as other rights such as livelihood, education, healthcare, and employment depend on whether a person is a citizen or otherwise. Citizenship of children born outside of the country is an issue throughout the world, not just in Malaysia. While many countries, including the United States, the United Kingdom, Australia, and others, have granted equal rights to children born abroad to mothers or fathers who are citizens of those countries, this is not the case in Malaysia. In conducting the qualitative method, this study referred to online databases for judicial decisions and legislations such as the LexisNexis and CLJ, online newspapers, journal articles, textbooks, conference papers, and published theses and dissertation. International law instruments such as the Convention on the Rights of Child and the Convention on the Elimination of All Forms of Discrimination against Women. The major findigs of this Article is that Malaysian citizenship law is patriarchal, as children of Malaysian fathers born overseas are entitled to be citizens under the operation of the law. Notably, Malaysian mothers are not entitled to such rights. This article discusses the constitutional provisions on citizenship in Malaysia and the challenges faced by children born overseas to Malaysian mothers with regard to education, healthcare, employment and property ownership. This Article also highlights courts' decisions which show the willingness to recognise gender equality in the citizenship law. This Article employs a qualitative approach by analysing the judicial decisions, statutory provisions and comparative benchmarking with Singapore legal system..This article concludes that the Constitution should be amended to fully recognise the concept of gender equality and acknowledge the right of Malaysian mothers who gave birth overseas to confer citizenship by operation of law on their children. The failure to act fast would lead those children to become stateless. For future research, this study recommends a fieldwork study into the problems faced by children born overseas to Malaysian mothers be conducted to obtain primary data

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Construction of Self-Esteem and Self-Confidence in Stateless Children: Scoping Literature Review

Adi Fahrudin

2024

jes

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Statelessness, defined as the lack of citizenship, is a complex issue governed by international law. Factors contributing to statelessness include gaps in nationality, political policies, and individuals moving to countries at birth.. Stateless status can affect individuals of all ages, and children born to stateless parents are particularly vulnerable. This article explores the impact of self-confidence and self-esteem on the future preferences of stateless children. While international human rights instruments recognize basic rights for all, regardless of citizenship, many countries link citizenship to the full enjoyment of rights. Research methods employed a Systematic Literature Review (SLR) to gather insights from previous studies. The results and discussion section highlights the negative impact of statelessness on self-esteem and self-confidence, with stateless individuals often feeling invisible and undervalued. The lack of citizenship not only undermines political and legal status but also tests the limits of self-confidence and self-esteem. The article also discusses the challenges faced by stateless children, such as legal instability, discrimination, limited access to services, identity uncertainty, violence, and exploitation. It emphasizes the importance of addressing these challenges to protect the rights of stateless children, promote their self-confidence, and enable their holistic development. The article underscores the need for legal recognition, emotional support, education, legal protection, psychological education, and involvement in positive activities to enhance the self-confidence of stateless children.

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Revisiting the Laws and Policies Related to Educational Rights of Stateless Children in Malaysia

Cited by 4 publications

References 6 publications

A Legal Analysis of Stateless Children and Their Rights to Education in Malaysia: A Comparative Study with Thailand

A Legal Analysis of Stateless Children and Their Rights to Education in Malaysia: A Comparative Study with Thailand

Mommy, Am I Malaysian? The Plight of Children Born Overseas to Malaysian Women

Construction of Self-Esteem and Self-Confidence in Stateless Children: Scoping Literature Review

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