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Educational Provision for Young Prisoners: to Realize Rights Or to Rehabilitate?

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Educational Provision for Young Prisoners: to Realize Rights Or to Rehabilitate? EDUCATIONAL PROVISION FOR YOUNG PRISONERS: TO REALIZE RIGHTS OR TO REHABILITATE? A thesis submitted for the degree of Doctor of Philosophy by Rosfizah Md Taib School of Law, Brunel University August 2012 Abstract This thesis examines the extent to which, and the reasons why, the government of Malaysia provides educational opportunities for children and young people who are being detained in the closed (penal) institutions on orders under section 91 (1) (f) and section 97 of the Child Act, 2001. This thesis presents a detailed analysis of the driving factor(s) that motivate the government of Malaysia in formulating and implementing policy and law in regards to providing educational opportunities for such young people. The thesis, therefore, examines the conceptualization by the Malaysia Prisons Department of children‟s rights, particularly their rights to education and offender rehabilitation. Analysis reveals that, educational rights in Malaysia have such priority because education is seen generally as the way to socialize (all) young people and to improve human capital and economic potential in Malaysia. Consequently, rehabilitation in Malaysian penal institutions is conceptualized almost entirely as education. The thesis argues that the Malaysian government has been using children‟s rights to education and also offender rehabilitation to improve the process of socialization of young people in prisons institutions to enable them to contribute to the achievement of the national goals. ii ACKNOWLEDGEMENTS To My Beloved Late Parents, MD. TAIB JOHAN and MAIMUNAH AYOB, for Everything My Husband, ZULKIFLI YAHYA for All the Truly Love My only Son, AHMAD NABHAN HARRAZ ZULKIFLI for All the Sacrifices and Understanding My Dear Supervisor, Prof. CHRISTINE PIPER for All Your Guidance that „Makes‟ Me What I am Today This Thesis is dedicated to: All of YOU. This thesis is up to date as of 31 August 2012. Rosfizah Md. Taib United Kingdom, August 2012. iii TABLE OF CONTENTS ABSTRACT...........................................................................................................ii ACKNOWLEDGEMENTS ................................................................................. iii TABLE OF CONTENTS ................................................................................... iv Chapter 1: Introduction and Conceptual Framework ________________________________________________________________ Introduction .......................................................................................................... 1 Research Focus ....................................................................................................2 Research Questions ............................................................................................ 3 Research Objectives .............................................................................................4 Background of Research ..................................................................................... 4 Object of Study …………………………………………………………………4 The Rehabilitation Programme in the Malaysia Prisons Department – An Overview ...................................................................... 6 Public Pressure .........................................................................................9 The Offender Management Division and the Rehabilitation Programmes for Offenders ...............................................12 Institutional (closed) Treatments for Young People in Malaysia............. 14 Young Offenders and Legal Provisions in Malaysia ................................17 Young People in Henry Gurney Schools..................................................19 Educational Opportunities for Young People in closed Penal Institutions in Malaysia ……………………………………………… 22 Research Methodology ......................................................................................25 Significance of Research ................................................................................... 26 Theoretical Framework .......................................................................................29 The Concept of Rehabilitation of Offenders ............................................30 Children’s Rights .................................................................................... 31 Research Scope and Limitations ........................................................................32 Organization of the Thesis ..................................................................................34 Conclusion: Summary of Chapter .......................................................................37 Chapter 2: Methodological Chapter: “Structuring the Field Work Strategies” ________________________________________________________________ Introduction..........................................................................................................38 Research Questions ...........................................................................................38 Research Objectives ...........................................................................................39 Justifying a Qualitative Approach ........................................................................43 Research Design and Procedures ......................................................................45 Data Collection ....................................................................................................47 In-depth interviews ..................................................................................47 iv Selection of Samples ..............................................................................48 Samples 1 ...............................................................................................48 Participation Selection Process ...............................................................49 Samples 2 ...............................................................................................51 Participation Selection Process ...............................................................52 Samples 3 ...............................................................................................53 Participation Selection Process ...............................................................54 Procedure of In-depth Interviews ............................................................55 Interviews with Children and Young People in Detention .......................59 Observation .............................................................................................61 Information on Malacca ……………………………………………………...64 Data Analysis ......................................................................................................65 Ethical Considerations ........................................................................................70 Research Difficulties ...........................................................................................72 Conclusion: Summary of Chapter .......................................................................76 Chapter 3: A Concept of Rights of Children and their Rights to Education _______________________________________________________________ Introduction .........................................................................................................77 Part One: Approaches to Children’s Rights ...................................................78 Children and Rights ................................................................................78 The United Nations and the Children’s Rights ........................................81 The Convention on the Rights of the Child 1989 (“CRC”) and the Rights to Development ......................................................................83 Children Who Offend and the Rights to Development ............................90 Part Two: Rights of Children in Malaysia .......................................................96 Definition of a “Child” ...............................................................................96 Relevant Provisions Pertaining to Children in Malaysia ..........................97 The Government’s Stance ......................................................................97 Malaysian Policies in Relation to Children ............................................101 Education in the Course of Nation Building ...........................................104 General Principles Pertaining to Children Policies in Malaysia .............110 (i) Non-discrimination (Article 2) ............................................................110 (ii) Best interests of the child (Article 3) .................................................112 (iii) The right to life, survival and development (Article 6) .....................113 (iv) Respect for the views of the child (Article 12) .................................115 Specific National Policies on Children in Malaysia ................................116 The Children and Young People Who Offend in Malaysia ....................117 Conclusion: Summary of Chapter .....................................................................120 Summary of Chapter .........................................................................................123 v Chapter 4: Rehabilitation of Offenders: A Theoretical Background and The Implementation of Rehabilitation of Offenders within the Malaysian Prisons Institutions ________________________________________________________________ Introduction: Summary Chapter ........................................................................124
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