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Article 12 & 13
Article 12 & 13
(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).
(2) Every religious group has the right to establish and maintain institutions for the education of
children in its own religion, and there shall be no discrimination on the ground only of religion in any law
relating to such institutions or in the administration of any such law; but it shall be lawful for the Federation
or a State to establish or maintain or assist in establishing or maintaining Islamic institutions or provide
or assist in providing instruction in the religion of Islam and incur such expenditure as may be
necessary for the purpose.
(3) No person shall be required to receive instruction in or to take part in any ceremony or act of
worship of a religion other than his own.
(4) For the purposes of Clause (3) the religion of a person under the age of eighteen years shall be
decided by his parent or guardian
ARTICLE 12 V UDHR
Article 26 of UDHR
(1) 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.
(2) Education shall be directed to the full development of the human
personality and to the strengthening of respect for human rights and
fundamental freedoms. It shall promote understanding, tolerance and
friendship among all nations, racial or religious groups, and shall further
the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall
be given to their children.
Unlike FC, stressing more on universality of education. While FC
more on religious education.
ARTICLE 12 V ECHR
Not mentioned in main ECHR, but mentioned in Article
2 of Protocol 1 of the ECHR ;
Article 2 provides for the right not to be denied an
education and the right for parents to have their children
educated in accordance with their religious and other
views. It does not however guarantee any particular level
of education of any particular quality.
Have same features as FC; religious education.
ARTICLE 12 OF FC
Concerning Rights in Respect of Education
Rights under article 12 protects only citizens. Despite its title, the provision is
essentially about the rights with respect to religions, especially religion and
its connection with education as well as religious education.
Article 12 (1)(a) makes it clear that discrimination based on religion,
race, descent and place of birth should not be allowed to reign in public
educational institutions.
The provision also guarantees that every religious group has the right to
establish and maintain educational institutions for its children [Article
12(2)].
Article 12(3) states that no person shall be required to receive instruction
in or to take part in any ceremony or act of worship in religion other than
his or her own.
Article 12(4) states that the religion of a person under 18 shall be decided
by his parent or guardian.
Rights only available to citizens
ARTICLE 12 OF FC
Case : Merdeka University Berhad v Government of
Malaysia
Held : Article 12 (1) only applies to public educational
institutions.