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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.
Abdullah, N. (2018). Legal Research Methodology. Thomson Reuters Asia Sdn Bhd. 161.
Berkeley, B. (2009). Stateless People, Violent States. World Policy Journal, 26(1), 3–15. http://www.jstor.org/stable/40210101
Cheong, A. R., & Baltazar, M. A. (2021). Too precarious to walk: An integrated “Three delays” framework for modeling barriers to maternal health care and birth registration among stateless persons and Irregular migrants in Malaysia. Genus, 77(1). https://doi.org/10.1186/s41118-021-00129-3
de Wal Pastoor, L. (2016). Rethinking refugee education: Principles, policies and practice from a European perspective. Annual Review of Comparative and International Education 2016, 107–116. https://doi.org/10.1108/s1479-367920160000030009
Hasni, N. A. S., Azman, N., & Ismail, M. N. (2021). Stateless Children’s Access to Tertiary Education. Selangor Humaniora Review, 5(1), 30-39. Retrieved from http://share.journals.unisel.edu.my/ojs/index.php/share/article/view/133
Liew, J. (2019). Homegrown statelessness in Malaysia: The administratively stateless and the promise of the principle of genuine and effective links. Statelessness & Citizenship Review, 1(1), 95–135. https://doi.org/10.35715/scr1001.115
Saman, M., & Afandi, M. B. N. H. (2018). Honoring primary education for stateless children: Analysis of Malaysian legal perspective and current practice. IIUM Repository (IRep). Retrieved September 21, 2021, from http://irep.iium.edu.my/id/eprint/67203.
Razali, M. R., Nordin, R., & Duraisingam, T. (2015). Migration and Statelessness: Turning the Spotlight on Malaysia. Pertanika Journal of Social Science and Humanities. 23(S). 19-36.
Razali, M. R. (2017). Addressing Statelessness in Malaysia: New Hope and Remaining Challenges. Statelessness Working Paper Series No. 2017/06, 5th Edition. 3 – 10. 10.13140/RG.2.2.27827.99363.
Porter, L. (2006). Illegal immigrants should not receive social services. International Social Science Review, 81(1/2), 66–72. http://www.jstor.org/stable/41887261
Selvakumaran, K., Tie, F. H., & Yusoff, J. Z. M. (1970, January 1). A legal perspective on the right to education for stateless children in selected ASEAN countries. UM Research Repository. Retrieved September 21, 2021, from
http://eprints.um.edu.my/id/eprint/24987.
Tuangratananon, T., Suphanchaimat, R., Julchoo, S., Sinam, P., & Putthasri, W. (2019). Education policy for migrant children in Thailand and how it really happens; a case study Of RANONG Province, Thailand. International Journal of Environmental Research and Public Health, 16(3), 430. https://doi.org/10.3390/ijerph16030430
Ujvári, B. (2017). The causes of statelessness. Hungarian Yearbook of International Law and European Law, 5(1), 105–113. https://doi.org/10.5553/hyiel/266627012017005001006
Worster, W. T. (2019). The obligation to grant nationality to stateless children under customary international law. Michigan State International Law Review, vol 27(3). 469.
Yusoff, R. C., Afandi, N. H., Hashim, N. M., & Hak, N. A. (2019). Protecting the Children’s right to nationality in Malaysia: An appraisal. International Journal of Academic Research in Business and Social Sciences, 9(6). https://doi.org/10.6007/ijarbss/v9-i6/5956
In-Text Citation: (Rahmat et al., 2021)
To Cite this Article: Rahmat, N. E., Randawar, D. K., Jayabalan, S., Razak, M. U. A., & Azmi, I. I. (2021). Revisiting the Laws and Policies Related to Educational Rights of Stateless Children in Malaysia. International Journal of Academic Research in Progressive Education and Development, 10(3), 1174–1184.
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