COVID-19 and the Violation of the Right to Basic Education of Learners with Disabilities in South Africa: An Examination of Centre for Child Law v Minister of Basic Education

2021 ◽  
pp. 1-14
Author(s):  
Serges Djoyou Kamga
Keyword(s):  
South Africa ◽  
Inclusive Education ◽  
Basic Education ◽  
Return To School ◽  
Reasonable Accommodation ◽  
International Regime ◽  
Special Schools ◽  
Substantive Equality ◽  
The Government ◽  
The Right

Abstract This article explores the extent to which the right to basic education of learners with disabilities in South Africa was guaranteed during the COVID-19 pandemic. It uses the Centre for Child Law v Minister of Basic Education (Centre for Child Law) as the main canvas for discussion. It argues that, notwithstanding its normative compliance with the international regime of the right to an inclusive basic education, the government has failed learners with disabilities during COVID-19. An examination of Centre for Child Law reveals that, not only did the government's directions for the phased return to school exclude learners with disabilities, they also required the closure of special schools where compliance with social distancing rules was impossible. This violated the right to inclusive education and substantive equality of learners with disabilities and highlighted the need to advance these rights through reasonable accommodation initiatives.

scholarly journals COVID-19 and the inclusion of learners with disabilities in basic education in South Africa: A critical analysis

2020 ◽  
Vol 20 (2) ◽  
Author(s):  
Serges Djoyou Kamga
Keyword(s):  
South Africa ◽  
Inclusive Education ◽  
Basic Education ◽  
Lessons Learned ◽  
Special Schools ◽  
Persons With Disabilities ◽  
Emergency Education ◽  
Online Platforms ◽  
The Government ◽  
Access To Data

This article examines the extent to which basic education, which is compulsory under international law, was inclusive of learners with disabilities during the COVID-19 pandemic. To this end, it examines measures taken by the government to ensure the continuity of basic education and the extent to which these measures are inclusive of learners with disabilities. It argues that moving education to online platforms, and conducting classes via radio and television are not accompanied by related reasonable accommodation measures to ensure the inclusion of leaners with disabilities. Among others, study material and numerous resources, online platforms and media are not in accessible formats, and learners with disabilities do not have access to data or internet broadband. In addition, the parents of these learners with disabilities are not trained to assist their children to study from home. The exclusion from school of learners with special needs is also characterised by a limited number of special schools in the country. In making its case, the article relies on South African and foreign jurisprudence on equality and inclusive education to inform the analysis. Ultimately the article finds that learners with disabilities are not included in the education system in the time of COVID-19. It explores general lessons learned during the pandemic which could be considered as an opportunity to re-think how emergency education planning can be inclusive of children or learners with disabilities in the future. While the discussion focuses on South Africa, lessons learned apply across Africa where persons with disabilities generally are marginalised.

scholarly journals A HEXAGON RIGHT: THE SIX DIMENSIONS OF THE SOUTH AFRICAN RIGHT TO BASIC EDUCATION

Obiter ◽  
2018 ◽  
Vol 39 (1) ◽  
Author(s):  
Chiedza Simbo
Keyword(s):  
South Africa ◽  
Secondary School ◽  
International Law ◽  
South African ◽  
Basic Education ◽  
The South ◽  
Six Dimensions ◽  
The Government ◽  
The Right ◽  
Primary And Secondary School

Notwithstanding the enactment of the South African Constitution in 1996, 23 years later, the need to determine the scope and content of the right to basic education has been a battlefield for authors. Whilst authors battle, complaints are made about the South African government charging school fees for basic education, decreasing pass thresholds for matriculants, students learning in dilapidated classrooms, non-delivery of text books, unqualified teachers and many complaints reminiscent of a failing basic education system. Despite citizen attempts to take the government to court for specific violations relating to the provision of basic education, in the absence of a law of general application specifically unpacking the scope and content of the right to basic education in South Africa, an ultimate question remains, what is the scope and content of the right to basic education for the purposes of its implementation in South Africa? This paper attempts to determine the scope and content of section 29(1)(a) using an international law approach. After engaging the provisions of international law as well as writings by other authors, the conclusion is that, in relation to its scope and content, section 29(1)(a) is a hexagon right that is, a right comprising of six interrelated dimensions. The six dimensions are that, the right to basic education includes primary and secondary school attendance, the right to basic education includes compulsory and free attendance of both primary and secondary school and the right to basic education is an unqualified right. Further, the right to basic education is a minimum core content of the right to education, the right to basic education must be available, accessible, acceptable and adaptable and the quality standard of the right to basic education is explained by the World Declaration on Basic Education for All, 1990.

The Scope and Content of Section 75(1)(a) of the Zimbabwean Constitution: An International Law Approach

2020 ◽  
Vol 53 (2) ◽  
Author(s):  
Chiedza Simbo
Keyword(s):  
International Law ◽  
Education System ◽  
Basic Education ◽  
The State ◽  
Education Act ◽  
The Government ◽  
The Right ◽  
Basic Education System

Despite the recent enactment of the Zimbabwean Constitution which provides for the right to basic education, complaints, reminiscent of a failed basic education system, have marred the education system in Zimbabwe. Notwithstanding glaring violations of the right to basic education by the government, no person has taken the government to court for failure to comply with its section 75(1)(a) constitutional obligations, and neither has the government conceded any failures or wrongdoings. Two ultimate questions arise: Does the state know what compliance with section 75(1)(a) entails? And do the citizens know the scope and content of their rights as provided for by section 75(1)(a) of the Constitution of Zimbabwe? Whilst it is progressive that the Education Act of Zimbabwe as amended in 2020 has addressed some aspects relating to section 75(1)(a) of the Constitution, it has still not provided an international law compliant scope and content of the right to basic education neither have any clarifications been provided by the courts. Using an international law approach, this article suggests what the scope and content of section 75(1)(a) might be.

JUSTICE AND SOCIAL CHANGE FOR INCLUSIVE EDUCATION IN INDONESIA AND ASEAN FOR DISABLED PERSONS (STUDY ON PEOPLE AFFECTED BY LEPROSY)

2017 ◽  
Vol 1 (1) ◽  
pp. 1-5
Author(s):  
Nuah Perdamenta Tarigan ◽  
Christian Siregar ◽  
Simon Mangatur Tampubolon
Keyword(s):  
Inclusive Education ◽  
Local Governments ◽  
Disabled Persons ◽  
Equal Rights ◽  
Central Java ◽  
The People ◽  
Asean Countries ◽  
The Government ◽  
The Moment ◽  
The Right

Justice that has not existed and is apparent among the disabilities in Indonesia is very large and spread in the archipelago is very large, making the issue of equality is a very important thing especially with the publication of the Disability Act No. 8 of 2016 at the beginning of that year. Only a few provinces that understand properly and well on open and potential issues and issues will affect other areas including the increasingly growing number of elderly people in Indonesia due to the increasing welfare of the people. The government of DKI Jakarta, including the most concerned with disability, from the beginning has set a bold step to defend things related to disability, including local governments in Solo, Bali, Makassar and several other areas. Leprosy belonging to the disability community has a very tough marginalization, the disability that arises from leprosy quite a lot, reaches ten percent more and covers the poor areas of Indonesia, such as Nusa Tenggara Timur, Papua, South Sulawesi Provinces and even East Java and West Java and Central Java Provinces. If we compare again with the ASEAN countries we also do not miss the moment in ratifying the CRPD (Convention of Rights for People with Disability) into the Law of Disability No. 8 of 2016 which, although already published but still get rejections in some sections because do not provide proper empowerment and rights equality. The struggle is long and must be continued to build equal rights in all areas, not only health and welfare but also in the right of the right to receive continuous inclusive education.

scholarly journals Methodology and Baseline Results From the Evaluation of a Sexuality Education Activity in Mpumalanga and KwaZulu-Natal, South Africa

2018 ◽  
Vol 30 (2) ◽  
pp. 152-168 ◽  
Author(s):  
Ilene S. Speizer ◽  
Mahua Mandal ◽  
Khou Xiong ◽  
Aiko Hattori ◽  
Ndinda Makina-Zimalirana ◽  
...  
Keyword(s):  
South Africa ◽  
At Risk ◽  
Sexuality Education ◽  
Basic Education ◽  
Sexual Experience ◽  
Scale Up ◽  
Household Level ◽  
Life Orientation ◽  
Unintended Pregnancies ◽  
The Government

In South Africa, adolescents and young adults (ages 15–24) are at risk of HIV, sexually transmitted infections, and unintended pregnancies. Recently, the Department of Basic Education has revised its sexuality education content and teaching strategies (using scripted lessons plans) as part of its life orientation curriculum. This paper presents the methodology and baseline results from the evaluation of the scripted lesson plans and supporting activities. A rigorous cluster-level randomized design with random assignment of schools as clusters is used for the evaluation. Baseline results from grade 8 female and male learners and grade 10 female learners demonstrate that learners are at risk of HIV and early and unintended pregnancies. Multivariable analyses demonstrate that household-level food insecurity and living with an HIV-positive person are associated with sexual experience and pregnancy experience. Implications are discussed for strengthening the current life orientation program for future scale-up by the government of South Africa.

scholarly journals Sistem Pendidikan Inklusif Perspektif Neurosains

2020 ◽  
Vol 8 (1) ◽  
pp. 18
Author(s):  
Ely Novianti
Keyword(s):  
Special Needs ◽  
Inclusive Education ◽  
Soft Skills ◽  
Special Needs Children ◽  
Access To Education ◽  
Normal Children ◽  
Inclusion Education ◽  
The Government ◽  
The Individual ◽  
The Right

Assesing inclusion education in neuroscience perspectives is particularly interesting. This study is a literature review. Given the development of normal and special needs children have different backgrounds. Cognitive development of children are different according to parenting patterns. In this case the parents need to be aware of the type of child and need to understand in terms of neuroscience. Keep in mind education is the right of every child to gain knowledge and educate the individual. The background of every child is not an obstacle in getting a decent education. The government and education authorities now have acces to the concept of inclusive education. With the application of inclusive education can expand access to education for all groups including children with disabilities. This effort is made to develop the potential of intelligence, talent,and soft skills prossessed without discrimination.in addition, at the age of gold, children with special needs are directed to interest and talent. With experience early on hope when adolescents are able to hone and can compete with normal children. This is because there is already a maturity in the individual’s ability and creativity.

scholarly journals An Insightful Foray into Odisha’s Education Sector

2019 ◽  
Vol 8 (3) ◽  
pp. 2094-2099
Keyword(s):  
Inclusive Education ◽  
Primary Education ◽  
Tamil Nadu ◽  
Basic Education ◽  
Public Investment ◽  
High Growth ◽  
Capability Development ◽  
Right To Education ◽  
Pedagogical Training ◽  
The Right

Gross Enrollment Ratio (GER) has witnessed a significant improvement in primary education in Odisha; thanks to the Right to Education (RTE) Act and Sarva Shiksha Abhiyan (SSA) initiative. While Odisha lags behind the better performing states like Kerala, Tamil Nadu& Maharashtra in terms of infrastructure and enrolment, the overall quality remains dismal as per the independent survey of Annual Status of Education Reports (ASER). The paper brings out how an extremely alienated section of the society receives the tender care of inclusive education and empowerment in a centre called Kalinga Institute of Social Sciences (KISS) in Odisha, which can form a templates for emulate, all over the country. The paper laments the tendency to outsource, basic education, which is a merit good, to the private sector, which can at best cater to the needy of the affluent few. There is a need to significantly bolster public allocation to primary education, invest it with the highest priority for capability development in future to improve India’s HDI. The quest for high growth rates, must give way to inclusive growth, which puts a premium on public investment quality teaching through suitable training, pedagogical training, IT familiarity of the teachers

scholarly journals Pemenuhan Hak Pendidikan Dasar Di Kota Ambon Saat Pandemi Covid-19

SASI ◽  
2021 ◽  
Vol 27 (2) ◽  
pp. 196
Author(s):  
Lucia Charlota Octovina Tahamata ◽  
Welly Angela Riry
Keyword(s):  
Learning Process ◽  
Digital Literacy ◽  
Teaching And Learning ◽  
Basic Education ◽  
Literacy Skills ◽  
Learning System ◽  
Right To Education ◽  
Learning Methods ◽  
The Government ◽  
The Right

Fulfilling of the Right to Education is a part of Human Rights. The right to education has become important in line with government policies to work from home during the Covid 19 pandemic. During the Covid-19 pandemic the learning process uses two learning methods, namely the online method and the offline method. Two learning methods are used for learning but the process has not been implemented optimally by both teachers and students, there are always obstacles faced. The purpose of this study was to determine and study the fulfillment of the right to basic education during the Covid 19 pandemic. The authors conducted research at the Department of Education and Culture of Elementary Schools and Junior High Schools in Ambon City using empirical research methods, data collection techniques through interviews and observations to students. Based on the results of the research conducted, the authors found that the distance learning system in schools in Ambon City was not optimal due to facilities and infrastructure and mastery of technology. which is still low. Fulfilling the right to education requires the involvement of all parties, namely the government, educators, students and parents to work together in the teaching and learning process during the Covid-19 pandemic. The government, educators, students and educational administering institutions at a practical level must strive to develop learning methods with good digital literacy skills so that they need to be improved through trainings using media for online learning for both educators, students and parents

scholarly journals Building the Builders to Ensure Delivery of Good Quality Education in South Africa: A Critical Legal Insight

2021 ◽  
Vol 11 (4) ◽  
pp. 67
Author(s):  
Isaiah Mmatipe Sefoka
Keyword(s):  
South Africa ◽  
Teaching And Learning ◽  
High Standard ◽  
Empirical Approach ◽  
Quality Education ◽  
Legal Research ◽  
Right To Education ◽  
Research Activities ◽  
The Government ◽  
The Right

This paper examines how educators are playing a dynamic role in ensuring the realisation of the right to quality education through their educational pedagogies. Teaching and learning have now become an essential tool in shaping the right to access quality education. The paper articulates the intervention by the judiciary through its pronouncements, laws, structures, policies and salient programmes in promoting the right to quality education. It emphasises the importance of capacitating educators with relevant expertise and knowledge so that they will impart that education to the learners. It also hints the importance of having good infrastructural amenities as they augment the delivery of the right to quality education. This paper emphasizes that jurisprudentially speaking, the right to education is inalienable and as such, it is incumbent on the government and institutions responsible for delivery of education to ensure that the right is promoted and always provided for. The paper adopted a non-empirical approach generally acceptable in legal research activities. It recommends that government must capacitate and empower educators as this will enable them to improve their pedagogic methods and as a result deliver an education of good quality and high standard.   Received: 21 December 2020 / Accepted: 8 April 2021/ Published: 8 July 2021

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