UUM Journal of Legal Studies, 13, No. 1 (January) 2022, pp: 345–380
as compared to children of citizens and non-citizens in Malaysia.
Many stateless children do not have the right to citizenship, health
care and education33. As such several Members of Parliament have
urged for a speedier intervention and enforcement of the law 34 by
the government of the day35 and to take the necessary measures to
overcome the issue of stateless children in Malaysia.
In the absence of a clear definition of stateless children in national law
and policy, their rights as children cannot be determined and adhered
to by the government or NGOs. The rights of children are prescribed
as universal human rights that ought to be adhered to by nations, as
per the UDHR 1948 and the CRC 1989. The stateless children in
Malaysia will continue to be denied their legal rights if their existence
is not being acknowledged and their status recognized legally in this
country.
CONCLUSION
There ought to be policies and legal provisions incorporated in the
national laws to allow for a systematic identification and definition
of stateless children, who otherwise, will remain hidden within the
nation. The government may refer to some of the guidelines set by the
United Nations and other countries which have established laws and
policies pertaining to statelessness. This will ensure that the stateless
population is within the legal purview of the nation. Based on these
33
34
35
Hansard Parliament of Malaysia (House of Senate), Penyata Rasmi Parlimen
Dewan Negara Parlimen Ketiga Belas Penggal Kelima Mesyuarat Pertama,
DN 17.4.2017, BIL.2 dated 17.4.2017. Page 53 http://www.parlimen.gov.my/
files/hindex/pdf/DN-17042017.pdf#page=72&zoom=70&search=stateless%20
children>. Retrieved date: 16.2.2019.
Hansard Parliament of Malaysia (House of Representative), Penyata Rasmi
Parlimen Dewan Rakyat Parlimen Kedua Belas Penggal Kelima Mesyuarat
Ketiga, DR 24.10.2012. BIL. 54, dated 24.10.2012. Page 38. http://www.
parlimen.gov.my/files/hindex/pdf/DR-24102012.pdf#page=54&zoom=70&sear
ch=stateless%20children>. Retrieved date: 16.2.2019.
Hansard Parliament of Malaysia (House of Representative), Penyata Rasmi
Parlimen Dewan Rakyat Parlimen Ketiga Belas Penggal Keempat Mesyuarat
Pertama, DR 14.3.2016. Bil.5 dated 14.3.2016. Page 14. http://www.parlimen.
gov.my/files/hindex/pdf/DR-14032016.pdf#page=102&zoom=70&search=statel
ess%20children>. Retrieved date: 16.2.2019.
370
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