Right to Education for Irregular Migrant Children in Malaysia; A Comparative Analysis

Makhtar, Maheran and Asari, Khairun Nisaa and Mohd Yusob, Mohd Lotpi (2015) Right to Education for Irregular Migrant Children in Malaysia; A Comparative Analysis. In: 4th International Conference on Law and Society 2015, 10 - 11 May 2015, Universiti Sultan Zainal Abidin.

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Irregular migrants can be defined as persons who entered into a particular country through illegal means or persons who lawfully entered into the country but overstayed after the expiry of their permits. Irregular migrant children are thus children who are born from these irregular migrant parents. Irregular migrants do not have the right to stay in the country thus they are subjected to the law of immigration. As an effect they are liable to be deported to their home country and this process usually takes some time. During this period, many of their children’s basic rights may be refused or denied, such as the right to proper health care and the right to education. This is indeed a violation of international human rights as guaranteed under the Convention of Right of Child (CRC) and the Universal Declaration of Human Rights (UDHR). In Malaysia, the Federal Constitution provides that all citizens should not be discriminated for rights in respect of education and this does not include the non-citizen i.e. the irregular migrant children. Though Malaysian Education Act 1996 provides for compulsory elementary education to children, the Act specifically excludes its applicability to children of non-citizens. In addition to that, Malaysia who is a state party to the CRC had made a reservation of Article 28(1)(a) on the right to compulsory education to all children who live in Malaysia. Similarly the Malaysian Child Act 2001 has no provision for the protection of irregular migrant children’s right to receive education while staying in the country. Therefore, many of the irregular migrant children do not receive proper education due to the inaccessibility, unavailability, unacceptability and inadaptability of educational system in Malaysia. Thus, this paper seeks to examine on the right to education for irregular migrant children under the Malaysian laws by analyzing it with the theory of education namely accessibility, availability, adaptability and acceptability and to compare that with the laws of United Kingdom and Australia.

Item Type: Conference or Workshop Item (Paper)
Subjects: K Law > K Law (General)
Faculty / Institute: Faculty of Law, Accountancy & International Relations
Depositing User: Maheran Makhtar
Date Deposited: 07 Feb 2016 02:38
Last Modified: 07 Feb 2016 02:38
URI: http://erep.unisza.edu.my/id/eprint/4306

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