Yet in each of these four countries, several barriers to the full implementation and universal
realization of children’s right to access education persist. In Bangladesh, the Primary Education
(Compulsory) Act falls short of explicitly setting out access to education as a guarantee
(despite the constitutional guarantee under Article 17), and the government of Bangladesh has
demonstrated resistance toward providing refugee populations, including Rohingya refugees,
access to formal schooling opportunities. In Pakistan and India, the costs associated with
schooling have created a barrier to access for citizen and non-citizen children alike. In Thailand,
where the government has taken multi-level action to ameliorate barriers to school enrollment,
stateless and refugee children continue to experience difficulties in attending national
examinations and obtaining their diplomas due to incomplete civil registration documentation.
Codification of the child’s right to access free and compulsory education represents a crucial
first step toward guaranteeing universal primary education, but is in no way the last step in
this process. The justiciability of the right to education should be ensured, and India’s Right to
Education Act sets a positive example in this regard with the inclusion of grievance redressal
procedures in the legislation, allowing violations to be addressed without the need for complex
legal intervention.
INDIA
Article 21A of the Constitution of India establishes the fundamental right to free and
compulsory education to all children ages six to fourteen. The 2009 Right to Education
Act establishes that ensuring the enrollment of school-age children is a responsibility of
the state. Further, the Act establishes a set of procedures for reporting violations of the
right to education.
THAILAND
The country adopted ���education for all” legislation in 1999 stipulating that all children
up to the age of 15 shall be provided equal access to free, basic education regardless of
nationality or legal status. In 2007, this right was enshrined in the Constitution, albeit
reducing compulsory education from 15 to 12 years of age.
Policy/Administrative Practice
Ministry-level Action to Clarify Education Enrollment Procedures for Refugee or
Stateless Children
Despite the administrative actions taken in Malaysia to expand access to education to all
children, the approval rate for the registration of children identified as being stateless was
reportedly low because it was left to the discretion of registration officers. The standard operating
procedure issued by the Malaysian government is also limited in that it does not provide a
31
UND OING PRECARIT Y: ELE VATING P OSITIVE PR ACTICES FOR REFU GEE PROTECTION IN SO U TH AND SO U THE AST ASIA
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