UUM Journal of Legal Studies, 13, No. 1 (January) 2022, pp: 345–380
For the purposes of the present Convention, a child means
every human being below the age of eighteen years
unless under the law applicable to the child, majority is
attained earlier.
A stateless person is not considered a national by any state under the
operation of its law, as defined under Article 1 of the 1954 Convention
and is thus, someone without any nationality or citizenship. In the
situation of being stateless, a person who resides in whichever country
has no protection from the state for not having a nationality of any
state. In other words, a stateless person does not belong to any country
as he/she has no nationality.
In the present paper, reference was made to Article 1 of the CRC 1989
and Article 1 of the 1954 Convention, as well as research by several
authors pertaining to stateless children in Malaysia. According to a
research conducted by Mazura and Nor Hafizah (2018), it was pointed
out that stateless children were those who were below 18 years old
and without citizenship or membership of any country.
Notably, the issue of stateless children in Malaysia was recorded in
the contents of the Hansards (Merriam Webster, 2020), the official
published reports of debates in the Parliament of Malaysia. For the
purpose of this article, 16 Hansards from the House of Representatives
(from 2009 to 2019, Table 1) and five Hansards from the House of
Senate (from 2016 to 2019, Table 2) pertaining to issues of stateless
children in Malaysia were traced and analysed. The records in the
Hansards and reports reflected the concerns of Malaysian lawmakers,
particularly on the socio- economy4 of the country and welfare matters
of stateless children in relation to their citizenship5 and education6.
4
Please refer to Appendix 1: List of Hansard from the House of Representatives –
2009 to 2019. Penyata Rasmi Parlimen Dewan Rakyat Parlimen Keempat Belas
Penggal Pertama Mesyuarat Kedua . DR.12.11.2018 Bil.34. P.57. http://www.
parlimen.gov.my/files/hindex/pdf/DR-12032018.pdf#page=105&zoom=70&sea
rch=stateless%20children>.
5
Please refer to Appendix 1: List of Hansard from the House of Representatives –
2009 to 2019. Penyata Rasmi Parlimen Dewan Rakyat Parlimen Keempat Belas
Penggal Kedua Mesyuarat Pertama . DR. 18.3.2019, Bil.5. Pp. 43-44. http://
www.parlimen.gov.my/files/hindex/pdf/DR-18032019.pdf#page=59&zoom=70
&search=stateless%20children>.
6
Please refer to Appendix 1: List of Hansard from the House of Representatives
– 2009 to 2019. Dewan Rakyat Pelimen Ketiga Belas Penggal Kelima Mesyuarat
349
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