Constitution of Malaysia - Fundamental Liberties - Article 12 - Rights in Respect of Education

Rights in Respect of Education

In respect of education, Article 12 provides that there shall be no discrimination against any citizen on the grounds only of religion, race, descent or place of birth (i) 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 and (ii) 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 Malaysia). Note however that notwithstanding this Article, the Government is required, under Article 153, to implement affirmative action programs such as the reservation of places in tertiary educational institutions for the benefit of Malays and natives of Sabah and Sarawak.

In respect of religion, Article 12 provides that (i) every religious group has the right to establish and maintain institutions for the education of children in its own religion, and (ii) no person shall be required to receive instruction in or take part in any ceremony or act of worship of a religion other than his own and that for this purpose the religion of a person under the age of eighteen years shall be decided by his parent or guardian.