“Complicit in Exclusion” - South Africa’s Failure to Guarantee an Inclusive Education for Children with Disabilities

This 94-page report found that South Africa has failed to guarantee the right to education for many of the country’s children and young adults due to widespread discrimination against children with disabilities in enrolment decisions. Human Rights Watch research in five out of South Africa’s nine provinces showed that children with disabilities face discriminatory physical and attitudinal barriers, often beginning early in children’s lives when government officials classify them according to their disabilities. 

Juma Musjid Primary School v Essay (Constitutional Court of South Africa; 2011)

In this decision, the Constitutional Court of South Africa held that an eviction order obtained by an owner of private land on which a public school was located could not be enforced where it would impact students’ right to basic education and the best interests of the child under the South African Constitution (sections 28 and 29). The Court held that a private landowner and non-sate actor has a constitutional obligation not to impair the right to basic education under section 29 of the Constitution.

Some Children are More Equal than Others: Education in South Africa

 
Two decades after Apartheid was apolished, Some Children are More Equal than Others focuses on how the educational system in South Africa relates to the flagrant inequalities in the country and its still growing wealth-gap. In a nutshell, education in SA operates as a "Tale of two Systems." On the one hand there are 20 % of privileged people who send their children to a functioning schooling system. On the other hand, education is drastically failing 80 % of the children in South Africa. This self-perpetuating circle results in over 50 % youth-unemployment.

Fight­ing to Learn… A Legal Resource for Real­is­ing the Right to Edu­ca­tion

South Africa is in the unique posi­tion of hav­ing the right to edu­ca­tion guar­an­teed in the Con­sti­tu­tion. The law has been used to advance this right by trans­lat­ing what is on paper into a real­ity for thou­sands of learn­ers across the coun­try. The LRC and part­ners have been at the fore­front of civil soci­ety efforts in achiev­ing this. We wanted to share our suc­cesses.

Submission on the Right to Education for Persons with Disabilities in South Africa to the Committee on the Rights of Persons with Disabilities

This report was submitted to the Committee on the Rights of Persons with Disabilities as a contribution to a Day of General Discussion on the right to education for persons with disabilities to be held on 15 April 2015.

Privatisation of Schools - Selling Out the Right to Quality Public Education for All

This booklet brings together educators from different countries to examine the negative effects of privatisation on the right to education, education quality, equity, and teaching. Building upon specific examples from the US, Canada, Chile and South Africa, it makes the argument that privatisation increases inequality and stratification in education, and substitutes good public policy with the vagaries of charity or the single-mindedness of profit-making.

Litigating the Right to Education in Africa

This issue of the INTERIGHTS Bulletin focuses on litigating the right to education in Africa. It includes the following articles:

Litigating the Right to Education: Editorial
Solomon Sacco and Susie Talbot

Africa and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Malcolm Langford and Rebecca Brown

Litigating the Right to Universal Primary Education: Challenges and Prospects
Iain Byrne

Privatisation vs the Public Good

This article explores the increasing privatisation of education. It examines various criticisms of the private provision of education and claims that privatisation is driven by an ideological agenda which is generally uncaring about any notion of the “public good” purposes of education — that is, of its role in producing social cohesion through the provision of education that is of high quality for all members of society.

Monitoring the Right to Education for Refugees, Migrants and Asylum Seekers

This article is based on a year-long study of the right to education for child refugees and migrants from other African countries who find themselves in South Africa. It identifies a number of factors that inhibit children’s participation in education and shows how the right to education can be assessed and monitored using indicators.

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