Abstract
Statelessness has been a substantial issue around the globe, yet the fact that stateless children in this country are struggling due to being deprived of rights to education is rarely discussed. This study is important as discrimination on the basis of ethnicity, gender, race or religion is the major cause of statelessness globally. In Malaysia, the laws and policies related to the educational rights of stateless children are clear, but the question is, are they adequate and sufficient? The objectives of this study is to revisit and scrutinise the laws and policies concerning the educational rights of stateless children in Malaysia, as well as to propose some amendments. This research employs qualitative research methodology with a doctrinal mechanism whereby the laws and policies have been revisited and examined. It is hoped that the findings of this research will lead the Malaysian government to amend the existing laws and policies related to the educational rights of stateless children; and to adopt the policy implemented by Thailand, which has allowed stateless children to enrol in public schools without any prerequisites. The future research could comparatively analyse and examine the laws in Thailand to be the benchmark in improving the current situation in Malaysia.
Highlights
Education is a fundamental human right that is enshrined in many international conventions
This paper is revisiting the laws and policies related to the educational rights of stateless children to ensure their rights are protected and preserved
After analysing and examining the laws and policies in Malaysia, this study finds that the stateless children's education rights in Malaysia's public education system are not prevalent
Summary
Education is a fundamental human right that is enshrined in many international conventions. Under Article 26 of the Universal Declaration of Human Rights (UDHR), it is stipulated that all persons shall have the right to free and compulsory education, at least in the elementary stages. It reveals the devastating psychological toll of statelessness and its serious ramifications for young people, whose whole futures are before them, and for International Journal of Academic Research in Progressive Education and Development their families, communities and countries. It demonstrates the urgency of ending and preventing childhood statelessness. Limitations on accessing school perpetuate and magnifies challenges in the life of a person
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