Protecting the children’s right to nationality in Malaysia: An appraisal

Article 7 of the Convention on the Rights of the Child 1989 (CRC) obliges states to realise 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 opera...

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Main Authors:	Che Soh @ Yusoff, Roslina, Mohd Badrol Afandi, Nor Hafizah, Md Hashim, Noraini, Abdul Hak, Nora
Format:	Conference or Workshop Item
Language:	English
Published:	2017
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/58977/ http://irep.iium.edu.my/58977/13/58977-Protecting%20the%20children%27s%20right.pdf

id	iium-58977
recordtype	eprints
spelling	iium-589772017-11-01T08:04:52Z http://irep.iium.edu.my/58977/ Protecting the children’s right to nationality in Malaysia: An appraisal Che Soh @ Yusoff, Roslina Mohd Badrol Afandi, Nor Hafizah Md Hashim, Noraini Abdul Hak, Nora K Law (General) Article 7 of the Convention on the Rights of the Child 1989 (CRC) obliges states to realise 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 scrutinised. On the other hand, secondary sources that are studied include international document reports from relevant websites, law reports, law reviews, legal periodical articles and news paper 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. Keywords: best interest of child, nationality, stateless children, protection, Malaysian laws 2017-10 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/58977/13/58977-Protecting%20the%20children%27s%20right.pdf Che Soh @ Yusoff, Roslina and Mohd Badrol Afandi, Nor Hafizah and Md Hashim, Noraini and Abdul Hak, Nora (2017) Protecting the children’s right to nationality in Malaysia: An appraisal. In: International Conference On Child And Humanitarian Law (ICCHL), 8th-9th October 2017, Kuala Terengganu, Terengganu. (Unpublished)
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Che Soh @ Yusoff, Roslina Mohd Badrol Afandi, Nor Hafizah Md Hashim, Noraini Abdul Hak, Nora Protecting the children’s right to nationality in Malaysia: An appraisal
description	Article 7 of the Convention on the Rights of the Child 1989 (CRC) obliges states to realise 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 scrutinised. On the other hand, secondary sources that are studied include international document reports from relevant websites, law reports, law reviews, legal periodical articles and news paper 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. Keywords: best interest of child, nationality, stateless children, protection, Malaysian laws
format	Conference or Workshop Item
author	Che Soh @ Yusoff, Roslina Mohd Badrol Afandi, Nor Hafizah Md Hashim, Noraini Abdul Hak, Nora
author_facet	Che Soh @ Yusoff, Roslina Mohd Badrol Afandi, Nor Hafizah Md Hashim, Noraini Abdul Hak, Nora
author_sort	Che Soh @ Yusoff, Roslina
title	Protecting the children’s right to nationality in Malaysia: An appraisal
title_short	Protecting the children’s right to nationality in Malaysia: An appraisal
title_full	Protecting the children’s right to nationality in Malaysia: An appraisal
title_fullStr	Protecting the children’s right to nationality in Malaysia: An appraisal
title_full_unstemmed	Protecting the children’s right to nationality in Malaysia: An appraisal
title_sort	protecting the children’s right to nationality in malaysia: an appraisal
publishDate	2017
url	http://irep.iium.edu.my/58977/ http://irep.iium.edu.my/58977/13/58977-Protecting%20the%20children%27s%20right.pdf
first_indexed	2023-09-18T21:23:28Z
last_indexed	2023-09-18T21:23:28Z
_version_	1777412035974266880

Protecting the children’s right to nationality in Malaysia: An appraisal

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