RIGHTS OF UNDOCUMENTED MIGRANT CHILDREN TO EDUCATION UNDER THE MALAYSIAN LEGAL FRAMEWORK: TOWARDS A HUMAN RIGHT APPROACH

Abstract

Migration occurs for a variety of reasons, including political, economic, social, and environmental considerations. Migrants frequently bring members of their families to receiving countries in search of a new and better life. Like many other countries, Malaysia has long struggled with the issue of undocumented migrants, including children. One of the most critical issues concerning migrant children is the deprivation of their right to an education. This issue is a serious concern because education is regarded as a fundamental human right that can realize and fulfil various other rights. This paper aims to investigate Malaysian law concerning the right of undocumented migrant children to an education. It adopts qualitative research of doctrinal and comparative nature. It will comparatively analyse the existing Malaysian legal framework on the right of undocumented migrant children to education in light of international human rights standards established by international instruments. The article also attempts to identify the barriers that undocumented migrant children experience when trying to obtain an education. The paper concludes that the current Malaysian legal framework is incomprehensive and inadequate to guarantee the right to education of undocumented migrant children. As such, the paper provides recommendations towards the improvement of the existing laws and policies on this particular issue of concern.