I support the views expressed by Bar Council’s Andrew Khoo with
regards to the legality in freezing PTPTN loans for students at Unisel.
The decision by the Higher Education Minister is political. The right to
education is a fundamental human right. Every individual, irrespective
of race, gender, nationality, ethnic or social origin, religion or
political preference, age or disability, is entitled to free elementary
education.
This right is explicitly stated in the United Nations Universal
Declaration of Human Rights (UDHR ), adopted in 1948: “Everyone has the
right to education. Education shall be free, at least in the elementary
and fundamental stages. Elementary education shall be compulsory.
Technical and professional education shall be made generally available
and higher education shall Be equally accessible to all on the basis of
merit. …” (Article 26)
Ensuring access to education is a precondition for full realisation
of the right to education. Without access, it is not possible to
guarantee the right to education. The right to education is a
fundamental entitlement to education, a right that is recognised as a
human right.
According to the international Covenant on Economic, Social and
Cultural Rights, the right to education includes the right to free,
compulsory primary education for all, an obligation to develop secondary
education accessible to all, in particular by the progressive
introduction of free secondary education, as well as an obligation to
develop equitable access to higher education, ideally by the progressive
introduction of free higher education.
The right to education also includes a responsibility to provide
basic education for individuals who have not completed primary
education. In addition to these access to education provisions, the
right to education encompasses the obligation to rule out discrimination
at all levels of the education system, to set minimum standards and to
improve the quality of education. Now, as to whether right to education
is guaranteed to Malaysians under the Malaysian Constitution:
“Without prejudice to the generality of Article 8, there shall be no
discrimination against any citizen on the grounds only of religion,
race, descent or place of birth – (a) in the administration of any
educational institution maintained by a public authority, and, in
particular the admission of pupils or students or the payment of fees;
or (b) in providing out of the funds of a public authority financial aid
for the maintenance or education of pupils or students in any
educational institution (whether or not maintained by a public authority
and whether within or outside the Federation). ” (Article 12)
Therefore, right to education is guaranteed to Malaysians under the
constitution. Now, the question is money to pursue higher level of
education. The state is obliged to ensure that financial resources are
made accessible and available to all in their pursuit to advance
learning. Otherwise it will limit the access to the education only to
the richer section of the people. Poorer persons with better merit
cannot get admission due to inability to pay money and as a consequence
citizen’s right to education gets denied.
Lim Mun Fah’s article (June 6, 2012 Sin Chew Daily) and many other
opinions expressed by readers regarding the eroding and declining
standard of education well establishes one fact, our education policy is
in a total mess and mismanaged.
The government has seriously flawed in bringing about real changes to
the education system and I shudder to think what will happen to the
future of our children if the current situation is allowed to continue.
One thing is for sure, nothing will change unless we as citizens
collectively do something to bring about changes.
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