This High Court case deals with the constitutional obligation of the South African government to promote basic education by securing timely appointment and funding of educators at all public schools.
In South Africa, SECTION27 has used rights-based strategies, including litigation, to hold the state accountable for not ensuring the procurement and delivery of textbooks to schools across Limpopo, a poor rural area of the country.
This case involves the interpretation of the scope of the constitutional right in South Africa to basic education and in particular whether the provision of school textbooks to all basic education learners for the whole academic year is an essential component of this right.
In her 2022 Report on the impact of the digitalisation of education on the right to education, the United Nations Special Rapporteur on the right to education clarified that any introduction of digital technologies in education must be framed around the right of every person to public, free, quality education and the commitments of states in this regard both under international human rights law and Sustainable Development Goal 4. This paper affirms that state obligations under the human rights framework must be the starting point for assessing and responding to discussions related to the monitoring of children’s activities and the collection and use of their data in the field of education. Part 2 outlines the international and regional human rights legal framework that governs the relationship between technology and education, providing a baseline upon which states can verify compliance with international human rights law and useful guidance for anyone seeking to understand the impacts of existing and emerging educational products and services. Part 3 then provides a comparative analysis of the regulation of technology and education in ten countries, through an examination of current data protection, education and related legislation, for the purpose of understanding how different countries are paying attention to and addressing key human rights issues with regards to technology in education in practice.
Background paper to 2023 UNESCO GEM Report 'Technology in education: a tool on whose terms?'