Article 16 of the Constitution of Singapore

Last updated

Article 16 of the Constitution of the Republic of Singapore guarantees the right to education and forbids discrimination in education based on religion, race, or heritage.

Contents

Text of Article 16

Article 16 of the Constitution of the Republic of Singapore [1] states:

16.—(1) Without prejudice to the generality of Article 12, there shall be no discrimination against any citizen of Singapore 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 Singapore). (2) Every religious group has the right to establish and maintain institutions for the education of children and provide therein instruction 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. (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 18 years shall be decided by his parent or guardian.

Today

Currently, primary school admissions in Singapore have second-highest priority for children whose parents and siblings hold alumni membership for a particular school. Lawmakers and attorneys argue that this policy violates Article 16. [2]

Related Research Articles

Bumiputera or bumiputra is a term used in Malaysia to describe Malays, the Orang Asli of Peninsular Malaysia, and various indigenous peoples of East Malaysia. The term is sometimes controversial. It is used similarly in the Malay world, Indonesia, and Brunei.

In secular usage, religious education is the teaching of a particular religion and its varied aspects: its beliefs, doctrines, rituals, customs, rites, and personal roles. In Western and secular culture, religious education implies a type of education which is largely separate from academia, and which (generally) regards religious belief as a fundamental tenet and operating modality, as well as a prerequisite for attendance.

<span class="mw-page-title-main">School prayer</span> State-sponsored or mandatory prayer by public school students

School prayer, in the context of religious liberty, is state-sanctioned or mandatory prayer by students in public schools. Depending on the country and the type of school, state-sponsored prayer may be required, permitted, or prohibited. The United Kingdom requires daily worship by law, but does not enforce it. Countries which prohibit or limit school prayer often differ in their reasons for doing so. In the United States, school prayer cannot be required of students in accordance with the Establishment Clause of the First Amendment to the United States Constitution. This is generally rigorously applied in public schools; the Establishment Clause does not prevent prayer in private schools that have no public funding. In Canada, school-sponsored prayer is disallowed under the concept of freedom of conscience as outlined in the Canadian Charter on Rights & Fundamental Freedoms. School-sponsored prayer is disallowed in France as a byproduct of its status as a secular nation.

<span class="mw-page-title-main">Constitution of East Germany</span> Constitution of the German Democratic Republic

The original Constitution of East Germany was promulgated on 7 October 1949. It was heavily based on the Weimar Constitution and nominally established the GDR as a liberal democratic republic. In 1968, the East German government adopted a new, fully Communist constitution that was based on Marxism–Leninism, political unitarism, and collective leadership. There were further amendments to the 1968 constitution in 1974. With the political events of 1989, there were attempts to draft a new constitution for East Germany, but these efforts never materialized due to the dissolution of East Germany and the accession of its states into the neighboring Federal Republic.

<span class="mw-page-title-main">Constitution of Malaysia</span> Federal Constitution of Malaysia

The Federal Constitution of Malaysia, which came into force in 1957 as the Constitution of the Federation of Malaya and was amended in 1963 to form the Constitution of Malaysia, is the supreme law of Malaysia and contains a total of 183 articles. It is a written legal document influenced by two previous documents, the Federation of Malaya Agreement 1948 and the Independence Constitution of 1957. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the states of Sabah, Sarawak and Singapore became part of the Federation. The Constitution establishes the Federation as a constitutional monarchy, having the Yang di-Pertuan Agong as the Head of State with largely ceremonial roles. It provides for the establishment and organisation of three main branches of the government: the bicameral legislative branch called the Parliament, which consists of the House of Representatives and the Senate ; the executive branch led by the Prime Minister and his Cabinet Ministers and the judicial branch headed by the Federal Court.

<span class="mw-page-title-main">Blaine Amendment</span> Failed amendment to the United States Constitution

The Blaine Amendment was a failed amendment to the U.S. Constitution that would have prohibited direct government aid to educational institutions that have a religious affiliation. Most state constitutions already had such provisions, and thirty-eight of the fifty states have clauses that prohibit taxpayer funding of religious entities in their state constitutions.

Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Sustainable Development Goal 17, established in 2015, underscores the link between promoting human rights and sustaining peace.

Article 153 of the Constitution of Malaysia grants the Yang di-Pertuan Agong responsibility for "safeguard[ing] the special position of the 'Malays'(see note) and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities" and goes on to specify ways to do this, such as establishing quotas for entry into the civil service, public scholarships and public education.

The Fundamental Rights in India enshrined in part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These rights are known as "fundamental" as they are the most essential for all-round development i.e., material, intellectual, moral and spiritual and protected by fundamental law of the land i.e. constitution. If the rights provided by Constitution especially the Fundamental rights are violated the Supreme Court and the High Courts can issue writs under Articles 32 and 226 of the Constitution, respectively, directing the State Machinery for enforcement of the fundamental rights.

The concept of race or ethnicity in contemporary Singapore emerged from the attitudes of the colonial authorities towards race and ethnicity. Before the early 2000s, the four major races in Singapore were the Chinese, Malays, Indians and Eurasians. Today, the Chinese-Malay-Indian-Others (CMIO) model is the dominant organising framework of race in Singapore. Race informs government policies on a variety of issues such as political participation, public housing and education. However, the state's management of race, as well as the relevance of the CMIO model, has been a point of contention amongst some in recent years.

<span class="mw-page-title-main">Constitution of Ghana</span> Supreme Law of Ghana

The Constitution of Ghana is the supreme law of the Republic of Ghana. It was approved on 28 April 1992 through a national referendum after 92% support. It defines the fundamental political principles, establishing the structure, procedures, powers and duties of the government, structure of the judiciary and legislature, and spells out the fundamental rights and duties of citizens. It is made up of 26 chapters, not including the preamble.

The UNESCO Convention Against Discrimination in Education is a multilateral treaty which aims to combat discrimination in the field of education. It was adopted on 14 December 1960 in Paris and came into effect on 22 May 1962. The Convention ensures the free choice of religious education and private school, and the right to use or teach their own languages for national minority groups. The Convention prohibits any reservation. As of December 2022, 109 states were members of the Convention. It is the first international instrument which covers the right to education extensively and has a binding force in international law. It is recognized as a cornerstone of Education 2030 Agenda and represents a powerful tool to advance the Sustainable Development Goals (SDG4).

<span class="mw-page-title-main">Article 12 of the Constitution of Singapore</span> Guarantee of Equality before the Law

Article 12 of the Constitution of the Republic of Singapore guarantees to all persons equality before the law and equal protection of the law. The Article also identifies four forbidden classifications – religion, race, descent and place of birth – upon which Singapore citizens may not be discriminated for specific reasons. For example, discrimination on those classifications is prohibited in the appointment to any office or employment under a public authority or in the administration of any law relating to the establishing or carrying on of any trade, business, profession, vocation or employment.

<span class="mw-page-title-main">Article 15 of the Constitution of Singapore</span> Guarantee of the freedom of religion

Article 15 of the Constitution of the Republic of Singapore guarantees freedom of religion in Singapore. Specifically, Article 15(1) states: "Every person has the right to profess and practise his religion and to propagate it."

Schuette v. BAMN, 572 U.S. 291 (2014), was a landmark decision of the Supreme Court of the United States concerning affirmative action and race- and sex-based discrimination in public university admissions. In a 6-2 decision, the Court held that the Fourteenth Amendment's Equal Protection Clause does not prevent states from enacting bans on affirmative action in education.

<span class="mw-page-title-main">West Bengal Board of Madrasah Education</span>

The West Bengal Board of Madrasah Education is the state government administered autonomous examining authority for affiliated and recognized madrasahs in West Bengal, India. Perhaps among the oldest post-secondary boards in India, it is the only madrasah board that is recognized by the Government of India. It is one of the parastatal organization of the Minority Affairs and Madrasah Education Department. The West Bengal Board of Madrasah Education is the West Bengal state government administered autonomous examining authority for the High Madrasah examination of West Bengal, India. It has come into force by the West Bengal Board of Madrasah Education Act-1994.

The status of religious freedom in Africa varies from country to country. States can differ based on whether or not they guarantee equal treatment under law for followers of different religions, whether they establish a state religion, the extent to which religious organizations operating within the country are policed, and the extent to which religious law is used as a basis for the country's legal code.

Article 15 of the Constitution of India forbids discrimination on grounds only of religion, race, caste, gender, or place of birth or any of them. It applies Article 14's general principle of equality in specific situations by forbidding classifications made on protected grounds. While prohibiting discrimination based on prejudice, the Article is also the central issue in a large body of judicial decisions, public debate, and legislation revolving around affirmative action, reservations, and quotas. As of the 103rd Amendment of the Constitution of India, Article 15.

References