Summary of demography
a.
b.
c.
100 respondents, majority of whom were from 18-29 age group, followed
by 30-39 age group. Most of the respondents (40) were ethnic Malay and
Muslims.
69 identified themselves as trans women, 29 as trans men (including of one
trans masculine) and 2 as intersex persons
The respondents were mostly based in Kuala Lumpur as compared to
Selangor.
B.
RIGHT TO EDUCATION
89.
In assessing the right to education of the transgender persons, the
respondents were asked to identify their level of education, their experience in
an educational institution and dealing with their peers, school administrators,
teachers/lecturers, their accessibilities to school facilities and the impact of
their school experience their level of education.
90.
Education is a fundamental human right and the right to education is stated
in article 26 of the Universal Declaration of Human Rights (UDHR)94, article
28 of the Convention on the Rights of the Child (CRC)95 and article 13 of the
International Covenant on Economic, Social and Culture Rights (ICESCR)96 as
well as principle 16 of the Yogyakarta Principles97.
91.
At the domestic level, under section 29A of the Education Act 1996, it is
compulsory for Malaysian children to receive primary education through an
amendment in the Education (Amendment) Act 200298. In the study, there were
only 3 respondents that did not receive formal education, however, their time in
school were prior to the amendments to the Education Act. Among the reasons
cited for not being in school was due to family’s financial problems and limited
access to school living in the rural areas. One of the respondent had not cited
any reason.
94 Article 26(1) provides 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 (2) provides 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.
95 Malaysia made a reservation to Article 28(1)(a)
96 Article 13 provides the States Parties to the present Covenant recognize the right of everyone to
education.
97 Principle 16 provides that everyone has the right to education, without discrimination on the basis of,
and taking into account, their sexual orientation and gender identity.
98 Professional circular No. 14/2002: Implementation of Compulsory Education in Primary Level in
2003 dated 27 November 2002. Accessed via http://www.moe.gov.my/index.php/en/sekolah/sekolahmenengah (accessed on 3 March 2017)
Report On Transgender Persons In KL And Selangor |
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