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

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.

2021 ◽  
pp. 1-14
Author(s):  
Serges Djoyou Kamga

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.


2021 ◽  
Vol 7 (12) ◽  
pp. 736-744
Author(s):  
Charles Michael Were

A key goal of education for any country is to make sure that every pupil has a chance to excel, both in school and life. Increasingly, a child’s success in school will determine his success as an adult; will determine whether he/she goes to college, what profession that he/she enters and how much they are paid. Kenya’s education system has laid emphasis on a cluster of science subjects that must be passed for one to be placed in a meaningful course at tertiary level, university and finally employment. The Visually impaired child has been disadvantaged and this  study therefore  tried  to   investigate why there are more street beggars who are  Visually  impaired as compared  to other  persons  with disabilities in the Kenyan major towns. The study was conducted in the three towns within Kenya, namely: Kisumu, Nakuru and Nairobi. The study population was 145, and a purposive sampling was used to select the 60 respondents. The study found that the Visually impaired persons who were beggars on the street had basic education at primary level and some had form four certificate, however they had failed to gain any meaningful employment due to the growing need of technology in the work place and the increasing interest in the role of information and communication technologies for one to be employed. The study also found that as much as there is an increasing effort by the Government to have computer studies for all schools in Kenya. The Jaw’s programme is lacking in those computers and therefore the visually impaired learners have not had an access to computer education and hence the mass influx of beggars.  The study recommends that of the schools where the Visually impaired learners are in inclusive education, there should be at least two computers with a Jaw programme to help the Visually impaired have an access in computer literacy and hence employment opportunity. The study also recommends that the street beggars with form four educations should be given vocational training with information technology so as to empower them with the current basic skills to compete favourable with other job seekers.


INKLUSI ◽  
2015 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Ika Arinia Indriyany

Indonesia’s constitution and legislation state that all Indonesiancitizens, including those with a disability, havea right to quality education. To meet this right, the government must ensure that every aspect of schooling and learning are accessible tostudentswith disabilities; however, this is not currentlythe case. Indeed, while inclusive education policy has been in place for years, its implementation is yet to be seen. For example, some children with disabilities are denied admission, while others continue to experience barriers to learning as schools are unable to meet their needs. The perception that disabled students belong only in special, segregated schools is still strongly held by the community, educational practitioners, and policy makers. As such, students with disabilities who register in inclusive schools are expected to meet certain qualifications. Should they fail to meet these requirements students are“returned” to special schools. Thispaper argues that such phenomenon demonstrates the government’s failure to meet its own mandateto ensure and protect the educational rights of persons with disabilities.[Pendidikan merupakan hak dasar bagi setiap warga negara Indonesia yang berada dalam usia wajib belajar, termasuk juga difabel (people with different ability). Negara idealnya mampu menyediakan layanan pendidikan yang sesuai dengan kebutuhan difabel. Tidak hanya kebutuhan difabel yang harus diperhatikan tetapi juga bagaimana layanan pendidikan tersebut mampu menjamin hak-hak dari difabel dan yang terpenting adalah difabel mampu mengakses layanan pendidikan yang tersedia. Namun tidak jarang difabel mengalami kesulitan mengakses layanan pendidikan yang disediakan oleh negara dikarenakan kebutuhan mereka yang berbeda dengan non difabel. Akibatnya difabel banyak mengalami penolakan ketika ingin bersekolah di sekolah yang mereka inginkan, termasuk di sekolah reguler.Pemahaman yang berkembang adalah sekolah yang pantas bagi difabel hanyalah di sekolah luar biasa. Hal ini yang membuat difabel tak jarang di diskriminasi dalam dunia pendidikan. Kebijakan pendidikan inklusif yang awalnya didesain agar anak difabel dan non difabel mampu belajar bersama pun baik regulasi dan implementasinya masih jauh dari sempurna. Kebijakan pendidikan inklusif seharusnya dapat digunakan sebagai dasar kesetaraan pendidikan kenyataannya masih menerapkan syarat – syarat khusus agar difabel mampu diterima di sekolah reguler tersebut. Saat difabel tidak mampu lolos kualifikasi yang ditentukan maka dia tidak dapat diterima di sekolah inklusif tersebut dan dikembalikan ke sekolah luar biasa. Jika hal ini terjadi maka negara gagal menjamin pemenuhan hak pendidikan bagi difabel itu sendiri.]


Author(s):  
Fritz Nganje ◽  
Odilile Ayodele

In its foreign policy posture and ambitions, post-apartheid South Africa is like no other country on the continent, having earned the reputation of punching above its weight. Upon rejoining the international community in the mid-1990s based on a new democratic and African identity, it laid out and invested considerable material and intellectual resources in pursuing a vision of the world that was consistent with the ideals and aspirations of the indigenous anti-apartheid movement. This translated into a commitment to foreground the ideals of human rights, democratic governance, and socioeconomic justice in its foreign relations, which had been reoriented away from their Western focus during the apartheid period, to give expression to post-apartheid South Africa’s new role conception as a champion of the marginalized interests for Africa and rest of the Global South. Since the start of the 21st century, this new foreign policy orientation and its underlying principles have passed through various gradations, reflecting not only the personal idiosyncrasies of successive presidents but also changes in the domestic environment as well as lessons learned by the new crop of leaders in Pretoria, as they sought to navigate a complex and fluid continental and global environment. From a rather naive attempt to domesticate international politics by projecting its constitutional values onto the world stage during the presidency of Nelson Mandela, South Africa would be socialized into, and embrace gradually, the logic of realpolitik, even as it continued to espouse an ethical foreign policy, much to the chagrin of the detractors of the government of the African National Congress within and outside the country. With the fading away of the global liberal democratic consensus into which post-apartheid South Africa was born, coupled with a crumbling of the material and moral base that had at some point inspired a sense of South African exceptionalism, Pretoria’s irreversible march into an unashamedly pragmatic and interest-driven foreign policy posture is near complete.


2018 ◽  
Vol 30 (2) ◽  
pp. 152-168 ◽  
Author(s):  
Ilene S. Speizer ◽  
Mahua Mandal ◽  
Khou Xiong ◽  
Aiko Hattori ◽  
Ndinda Makina-Zimalirana ◽  
...  

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.


2017 ◽  
Vol 22 (1) ◽  
pp. 161-168
Author(s):  
N.V. Karpushkina

The paper gives a description of modern approaches to the modelling of informational and analytical support of higher education in persons with disabilities. It proposes a model of such support depending on the type of disability and provides a detailed description of structure components of informational and analytical support. It is argued that the main areas of support of individuals with disabilities are the following: adaptational and orientating (pre-university); organizational and coordinative; psychological and educational; academic; sociocultural; medical and health-improving; vocational (postgraduate) etc. Each area is comprehensively defined. The paper reveals the principles underlying the modelling of informational and analytical support of higher inclusive education, such as: the principle of expanding and shaping a tolerant ‘barrier-free’ environment; the principle of subjectivity and socialization; the principle of strong motivation and activity; the principle of dialogue; the principle of variation; and, finally, the principle of informational openness. This work was carried out with the support of the Government Contract of the Ministry of Education and Science of the Russian Federation (project 2016- 01.04- 05- 020 – F- 35.001) “Monitoring and Informational/Analytical Support of Regional Resource Centers for Higher Education for the Disabled”.


Obiter ◽  
2019 ◽  
Vol 40 (3) ◽  
Author(s):  
Erika Serfontein

A gap in research on the violation of the rights of refugee children to well-being and education – both prerequisites for living a good life – has been recognised internationally as well as nationally. This article endeavours to partially fill this gap by (a) presenting a background to the situation of refugees in South Africa in general and refugee children in particular, (b) delineating relevant concepts, (c) explaining the international and national legislative framework applicable to refugee children, (d) clarifying the role of education in the life of refugee children, (e) identifying the various challenges such children present for an inclusive education system, as well as (f) drawing conclusions and making recommendations on overcoming these challenges.South Africa has experienced an overwhelming growth in refugees since its transition to democracy in 1994. In contrast to the 1951 Convention,1 which defines a refugee as someone who is incapable or reluctant to return to their country of origin owing to a justified fear of being oppressed on the grounds of race, religion, nationality, membership of a particular social group, or political opinion, studies found that refugees and their children from the rest of the African continent, as well as from as far afield as China, Bangladesh and Pakistan, mainly flee to this country to escape conditions of poverty, civil discord and even war in search of a better life. Instead of being welcomed, however, refugee children are often met with intimidation, hate, xenophobia, aggressive nationalism, exclusion and discrimination by South Africans on a daily basis.By concentrating on refugee children and probing the results of significant studies indicating the persistent challenges facing the realisation of inclusive education in South Africa, the author advocates a humanitarian approach to refugee children in order to respect their dignity whilst recognising their rights to life and a basic education within the borders of South Africa.


Obiter ◽  
2018 ◽  
Vol 39 (1) ◽  
Author(s):  
Chiedza Simbo

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.


2019 ◽  
Vol 29 ◽  
Author(s):  
Marivete Gesser ◽  
Reginaldo Medeiros Martins

Abstract This study aimed to identify the contributions of the discipline of “Disabilities and Inclusion” offered by the Specialization Course on Gender and Diversity at School (GDS) to promote inclusive educational processes for people with disabilities in basic education. Nine GDS students who were professionals from educational area participated in the research. The information was obtained through a focus group, recorded with the participants’ consent and analyzed based on the thematic content analysis method. The results indicated that there was a change in conception of disability, previously based in charitable and/or in biomedical conceptions, now more in line with the Social Model of Disability and with the precepts of the Convention on the Rights of Persons with Disabilities. In addition, the knowledge obtained by the participants contributed to the construction of pedagogical strategies more focused on the inclusion of people with disabilities considering their specificities.


Author(s):  
Christa Rautenbach

The first edition of 2015 boasts 13 contributions dealing with a variety of topics. The first article, by Ben Coetzee Bester and Anne Louw, discusses the persistence of the "choice argument", which is based on the rationale that domestic partners who choose not to marry cannot claim spousal benefits, and arrives at the conclusion that legislation should differentiate between registered and unregistered domestic partnerships for the purpose of spousal benefits. Ernst Marais has written two articles on expropriation. In the first he examines the meaning and role of state acquisition in South African law and in the second he deals with the distinction between deprivation and expropriation in the light of Agri South Africa v Minister for Minerals and Energy 2013 4 SA 1 (CC), where the Constitutional Court recently revisited the distinction between the two concepts and held that the distinguishing feature of expropriation is that it entails state acquisition of property, whilst deprivation takes place where there is no such acquisition. The fourth article, by Emeka Amechi, explores the measures taken by the National Recordal System and Disclosure of Origins in leveraging traditional knowledge within the structure, content and conceptual framework of the patent system in South Africa. The South African Companies Act and the realization of corporate human rights responsibilities is the focus of Manson Gwanyanya's article. He comes to the conclusion that the wording of the Act is such that it prevent human rights abuses by companies. In her contribution Melanie Murcott discusses the development of the doctrine of legitimate expectations in South African law and the failure of the Constitutional Court to develop the doctrine even further in the recent case of Kwazulu-Natal Joint Liaison Committee v MEC for Education, Kwazulu Natal. The second last article, which is by Lucyline Murungi, considers the implementation of the UN Convention on the Rights of Persons with Disabilities (2006) to provide for inclusive basic education in South Africa, and the last article, which is by Matome Ratiba, examines the significance of places of worship for Native Americans and demonstrates the valuable lessons South Africa could learn from the earth jurisprudence that has developed in the USA and elsewhere. The first note, authored by Magdaleen Swanepoel, discusses legal issues with regard to mentally ill offenders with specific reference to the cases where mental illness is raised as a defence in criminal cases. The second note, by Michelle Fuchs, deals with recent legal developments relating to the formalities involved when a mortgagee wants to declare immovable property executable to satisfy outstanding debt. The last contribution in this edition is a case note by Elmarie Fourie. She considers the question of what constitutes a benefit in terms of section 186(2) of the Labour Relations Act 66 of 1995, which was examined in Apollo Tyres South Africa (Pty)Ltd v CCMA 2013 5 BLLR 434 (LAC).      


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