Article 7 of the Convention on the Rights of the Child 1989 (CRC) obliges states to realize every child‘s right to acquire a nationality. Even though most human rights should be enjoyed by all persons, regardless of whether they have a nationality or not, in our modern world, nationality often operates as a legal or practical gateway to the enjoyment of other rights. Where a child lacks a nationality, this creates a situation of severe disadvantage and vulnerability. Statelessness undermines the enjoyment of childhood and the child‘s opportunity to develop to his or her full potential. Many stateless children are excluded from the benefits of education and are denied equal access to other rights. Such situation is definitely in contravention with the basic principle of best interest of the child as promulgated in Article 3 of the CRC. This paper addresses the extent of the rights of children in Malaysia to acquire nationality particularly in cases involving unregistered birth, illegitimate, foundling or abandoned child and where the immigration status of the parents is uncertain. This paper uses a qualitative data collection method where in-depth document analysis is carried out. Primary sources such as the Acts, Regulations, court orders and decision are scrutinized. On the other hand, secondary sources that are studied include international document reports from relevant websites, law reports, law reviews, legal periodical articles and newspaper reports. The paper is significant as it addresses crucial concerns raised in reference to the current laws relating to the protection of these children in Malaysia. The paper ends with some possible recommendations that may spur improvement to the present legislations towards achieving a sustainable future for the best interest of these children.
Kaur, A. (2007). ‘Refugees and Refugee Policy in Malaysia’ UNEAC Asia Papers (Special Issue Refugees and Refugee Policies in the Asia Pacific
Region)77&79, http://www.une.edu.au/asiacentre/PDF/No18.pdf (Accessed on 21 September 2017).
Mohd, A. (2007). Protection And Adoption of Abandoned Children in Malaysia, A Comparative Overview with Islamic Law, ILBS, Petaling Jaya Selangor, 23.
Children‘s Right to Nationality, Institute on Statelessness and Inclusion, (2017).
http://www.institutesi.org/ourwork/children.php. (Accessed on 21 September 2017).
Convention Relating to the Status of Stateless Persons, (2014). http://www.unhcr.org/ibelong/wp-content/uploads/1954-Convention-relating-to-the-Status-of-Stateless-Persons_ENG.pdf. (Accessed on 20 September 2017).
Jaafar, W. J. T. (2014). DNA Findings can Support Application for Citizenship, the Star Online. http://www.thestar.com.my/news/nation/2014/10/14/wan-junaidi-dna-citizenship/. (Accessed on 20 September 2017).
Granczer, M. (2014). The Right to Nationality as a Human Right Hungarian,Y.B.Int'lL.&Eur.L.15. http://heinonline.org/HOL/LandingPage?handle=hein.journals/huyiel2014&div=7&id=&page=. . (Accessed on 20 September 2017).
Steiner, H. J. and Alston P. (1996). International Human Rights In Context: Law, Politics, Morals. Oxford University Press, Great Clarendon Street Oxford, p. 41.
I am Here, I Belong: Urgent Need to End Childhood Statelessness, UNHCR Stateless Report (October 2015).http://www.unchr.org/ibelong/cmsweb/upl/entities/story/Stateless Report_eng_final3.pdf. (Accessed on 20 September 2017).
Lim, Ida. (2017). What lies ahead for a stateless child in Malaysia? Malay Mail Online, http:///sg.news.yahoo.com./lies=ahead stateless child malaysia-225800024.html. (Accessed on 20 September 2017).
No Child Should be Stateless, European Network on Statelessness. (2015).
http://www.statelessness.eu/resources/no-child-should-be-stateless. (Accessed on 20 September 2017).
Afandi, N. H. B. M. B. (2012). Living In Limbo: Constitutional and Legal Issues of Unregistered Birth, Constitutional Law and Human Rights in Malaysia, Sweet & Maxwell, p. 227.
Subramaniam, P. (2014). Born into the shadows: Malaysia‘s stateless children.
http://www.themalaymailonline.com/malaysia/article/born-into-the-shadows-malaysias-stateless children#QX9ic0hCoSeFDoXI.99. (Accessed on 20 September 2017).
Preventing Childhood Statelessness in Europe: Issues, Gap & Good Practices, EuropeanNetwork on Statelessness, (2014). Retrieved from http://www. statelessness.eu/resources/preventing-childhood-statelessness-europe-issues-gaps-and good practices. (Accessed on 20 September 2017).
Ching, T. N. (2017). Simplify process of granting citizenship to stateless children. Retrieved from https://www.malaysiakini.com/news/385006#0S5iS1aSILHlk5k7.99. (Accessed on 20 September 2017).
UN High Commissioner for Refugees (UNHCR), Guidelines on Statelessness No. 4: Ensuring Every Child‘s Right to Acquire a Nationality through Articles 1-4 of the 1961 Convention on the Reduction of Statelessness, HCR/GS/12/04, Para. 11. (2012).
http://www.refworld.org/docid/50d460c72.html. (Accessed on 20 September 2017).
UNCHR, Statelessness around the World (2015). http://www.unhcr.org/statelessness around the world.html. (Accessed on 20 September 2017).
UNHCR, A Special Report: Ending Statelessness Within 10 Years, (2014).
http://ibelong.unhcr.org/cmsweb/upl/entities/story/Statelessness/. Accessed on 20 September 2017).
In-Text Citation: (Yusoff, Afandi, Hashim, & Hak, 2019)
To Cite this Article: Yusoff, R. C. S., Afandi, N. H. M. B., Hashim, N. M., & Hak, N. A. (2019). Protecting the Children’s Right to Nationality in Malaysia: An Appraisal. International Journal of Academic Research Business and Social Sciences, 9(6), 358–368.
Copyright: © 2019 The Author(s)
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