Critical Analysis of the Right to Education for Pregnant School-going Teenage Girls in South Africa

2021 ◽  
Vol 10 (3) ◽  
pp. 73-85
Author(s):  
Isaiah M. Sefoka ◽  
◽  
Kola O. Odeku
Keyword(s):  
South Africa ◽  
Teenage Pregnancy ◽  
Legal Protection ◽  
Dropping Out ◽  
Research Approach ◽  
Human Right ◽  
Right To Education ◽  
Teenage Girls ◽  
The Right ◽  
Out Of School

Most inadvertently, teenage girls in school fall pregnant. Over recent years, South Africa has seen an exponential increase in teenage pregnancy. A significant number of pregnant teenage girls end up dropping out of school as often they are unable to cope with the huge responsibility associated with pregnancy, and some schools are not supportive of pregnant learners. However, pregnant teenage girls still have the right to education. To make it methodologically sound, this study utilized a literature review research approach, mainly sourced from google scholar search engine, to address issues relating to the legal protection of pregnant teenagers. The study found that, in schools, pregnant girls were discriminated against on different grounds, and sometimes expelled. The research presented consequences of teenage pregnancy such as, dropping out of school, loneliness, anxiety/stress, and so on. More importantly, using the jurisprudence of the South African courts, the paper accentuates that pregnant teenagers still have the right to education, and being pregnant cannot be used to deprive or deny them this fundamental human right. It prohibits discrimination in schools on the basis of pregnancy, and presents arguments for continuation of schooling, and all assistance needed to ensure that the right to education is protected at all costs, even during pregnancy.

COUNTRY DIFFERENCES IN HOUSING RIGHTS: A COMPARATIVE ANALYSIS

2021 ◽  
Author(s):  
Тамерлан Шайх-Магомедович Едреев
Keyword(s):  
South Africa ◽  
Comparative Analysis ◽  
The Netherlands ◽  
Human Right ◽  
Housing Rights ◽  
Country Differences ◽  
The Right

Каждый имеет право на жилище. Никто не может быть произвольно лишен жилища. В статье проанализированы особенности реализации универсального права человека на жилище в отдельных странах (на примере Нидерландов и ЮАР), принадлежащих к разным правовым семьям. Everyone has the right to housing. No one can be arbitrarily deprived of their home. The article analyzes the features of the implementation of the universal human right to housing in individual countries (on the example of the Netherlands and South Africa) belonging to different legal families.

scholarly journals School dropout among female learners in rural Mpumalanga, South Africa

2021 ◽  
Vol 41 (3) ◽  
pp. 1-9
Author(s):  
Prince Mokoena ◽  
Adrian D. van Breda
Keyword(s):  
South Africa ◽  
High School ◽  
Rural Community ◽  
High School Dropout ◽  
School Dropout ◽  
Drop Out ◽  
Health Policies ◽  
Dropping Out ◽  
Secondary Schooling ◽  
Out Of School

South Africa, like many countries, has high numbers of learners who do not complete secondary schooling. This reduces these young people’s chances of finding work or of earning a better salary. It is thus important to understand the factors that contribute to high school dropout. In the study reported on here we investigated the factors that caused a number of female learners to drop out and return to high school in a rural community in Mpumalanga. The learners provided 3 reasons for dropping out of school: pregnancy, illness and immigration. The analysis of these factors suggests 3 underlying themes that influence the ability of children to remain in school, viz. health, policies and structures, and poverty. The implications of these and recommendations to address them are discussed. The authors argue that greater interdepartmental efforts are required to support vulnerable girls to remain in school.

scholarly journals Prisoners' right to education: A philosophical survey

2014 ◽  
Author(s):  
John Vorhaus
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Point Of View ◽  
Respect For Persons ◽  
Human Right ◽  
Right To Education ◽  
The Face ◽  
The Right ◽  
International Conventions ◽  
And Training

Article 26 of the Universal Declaration of Human Rights declares: 'Everyone has the right to education.' This implies that the right to education and training applies to all persons, including all persons in prison. This position is considered here from a philosophical point of view and it will receive some support. Yet it is not obvious that the position is correct, nor, if it is, how it is best explained. I will examine the basis for asserting a right to education on behalf of all prisoners, and consider what is required by way of its defence in the face of common objections. I illustrate how international conventions and principles express prisoners' right to education, and I look at how this right is defended by appeal to education as a means to an end and as a human right – required by respect for persons and their human dignity.

Undocumented children and the right to education: illusory right or empowering lever?

2011 ◽  
Vol 19 (4) ◽  
pp. 613-639 ◽  
Author(s):  
Helene Marie-Lou de Clerck ◽  
Julie Ryngaert ◽  
Estelle Carton de Wiart ◽  
Marie Verhoeven ◽  
Wouter Vandenhole ◽  
...  
Keyword(s):  
Educational Inequality ◽  
Real Life ◽  
Sociological Research ◽  
Human Right ◽  
Right To Education ◽  
Mobile Students ◽  
Key Factor ◽  
Scope Of Application ◽  
The One ◽  
The Right

AbstractIn migration control policies, social rights are often restricted in order to discourage immigration. The right to education seems to be the exception to the rule. This paper examines whether the right to education – beyond legal technical questions of the personal scope of application of human rights treaties, and the nature and the meaning of the right – is able to provide empowering leverage to undocumented children, or rather remains a lofty ideal on paper. Empirical data are drawn from the Belgian situation. Sociological research has shown that while quantitative educational democratisation has been highly successful, qualitative educational democratisation remains problematic. With regard to undocumented children, real-life limitations to school access (both individual and institutional), as well as psycho-social and institutional impediments during the schooling process seriously limit equal schooling and life opportunities. Unequal responses to organisational and pedagogical challenges that the presence of mobile students puts to schools, reinforce institutional factors of educational inequality for undocumented children. A key factor in understanding the tension between the legal recognition of the human right to education and daily realities is the outright contradiction between the approaches towards education on the one hand, and to migration more generally on the other hand. The latter is increasingly dominated by a securisation ideology.

The Human Right to Water in South Africa and the Mazibuko Decisions

2011 ◽  
Vol 51 (3-4) ◽  
pp. 521-540 ◽  
Author(s):  
Tracy Humby ◽  
Maryse Grandbois
Keyword(s):  
South Africa ◽  
South African ◽  
Constitutional Court ◽  
The South ◽  
Human Right ◽  
Lower Courts ◽  
Access To Water ◽  
South African Constitution ◽  
The Right ◽  
Right Of Access

The right of access to sufficient water in the South African Constitution has for long been regarded as progressive in a global context where the human right to water is still a subject of contention. In its recent decision handed down in the Mazibuko matter, the South African Constitutional Court interpreted the right of access to sufficient water for the first time and clarified the nature of the State’s obligations which flow from this right. It also commented upon the role of the courts in adjudicating the human right to water. This article describes the passage of the Mazibuko matter and the manner in which the lower courts interpreted the right of access to “sufficient water” as well as outlining the Constitutional Court’s decision in the context of access to water services provision in South Africa.

scholarly journals Business Succession in Indian Family Businesses in South Africa

2021 ◽  
Vol 13 (3(J)) ◽  
pp. 73-80
Author(s):  
Yaaser Mahomed ◽  
Vuyokazi Mtembu
Keyword(s):  
South Africa ◽  
Quantitative Research ◽  
Online Survey ◽  
Family Businesses ◽  
Business Continuity ◽  
Research Approach ◽  
Objective Criterion ◽  
Indian Family ◽  
The Right ◽  
Business Succession

Family businesses play a pivotal role economically and socially in most countries. The study aimed to identify and understand the experiences of Indian family businesses in South Africa with regard to business succession. A quantitative research approach was used with data collected through Google forms online survey. Data was collected from sixty (60) business people from Indian-owned family businesses in South Africa. The study interrogated the following factors which have an influence on family business succession: business ownership influence in succession, business readiness for the exit of owner and succession, the role of the owner after exit from business and selection criteria of the right successor. Findings revealed that the majority of families (86.27%) said it is important to have a hundred percent or full ownership of the business and that a successor should be selected within the family from their bloodline. Findings also revealed that the majority of businesses (86.27%) were not fully ready for the exit of the owner or current leader of the business and that on the exit of the owner; a majority (90.2%) of businesses will prefer to have the owner playing an active advisory role in the business. It is recommended that family-owned businesses should plan for succession on time and draft a well-planned strategic succession plan for the business. It is also recommended that an objective criterion be used in selecting a successor who will take the business forward. Healthy business continuity should be the ultimate goal of succession and families should not sacrifice successful business continuity because of their, internal differences and conflict, culture, blood relations, gender or religion.

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

scholarly journals THE IMPLEMENTATION OF THE RIGHT TO EDUCATION IN SOUTH AFRICA AND NIGERIA (PART 1)

Obiter ◽  
2021 ◽  
Vol 33 (1) ◽  
Author(s):  
Elijah Adewale Taiwo ◽  
Avinash Govindjee
Keyword(s):  
South Africa ◽  
Human Rights ◽  
General Nature ◽  
Right To Education ◽  
International Human Rights ◽  
International Obligations ◽  
International Human ◽  
The Right ◽  
Legislative Measures

This is the first of the two articles dealing with the implementation of the right to education in South Africa and Nigeria. The article examines the meaning and the process of implementation of the right to education as well as the general nature of states’ obligations under the international human rights instruments regarding the right to education. The article examines the measures put in place at the international level towards realizing the right to education. While this first article examines legislative measures, the follow-up article examines the non-legislative measures, that is, administrative measures as well as other measures put in place to ensure theimplementation of the right to education. The right to education is an empowerment right which is given wide recognition in a number of important international and regional human rights instruments as well as in national constitutions. The article argues that in terms of the international human rights instruments, states are obliged to make primary, secondary and higher levels of education available, accessible, acceptable and adaptable to all in their territories. It posits that by having ratified those international agreements in which the right to education is guaranteed, both South Africa and Nigeria assumed obligations under international law enjoining themto realize the right to education and to respect freedoms in education in their respective territories. It submits that, despite the international obligations and commitments to provide education for all, there is a significant gap between what is stipulated and the practical realities in the two countries.

scholarly journals AUTONOMIA PARENTAL EM SAÚDE E CONFORMAÇÃO DO MOVIMENTO ANTIVACINAÇÃO NO CENÁRIO DE PÓS-VERDADE

2020 ◽  
Vol 2 (59) ◽  
pp. 453
Author(s):  
Gustavo Silveira BORGES ◽  
Taciana Damo CERVI ◽  
Thami Covatti PIAIA
Keyword(s):  
Analytical Procedure ◽  
Legal Protection ◽  
Right To Health ◽  
Human Right ◽  
Children Health ◽  
Health Promoting ◽  
The Media ◽  
Parental Autonomy ◽  
The Right ◽  
The Impact

RESUMO Objetivo: O presente artigo tem como objetivo principal investigar o crescimento do movimento antivacinação e a complexidade ético-jurídica na ponderação do exercício da autonomia parental na recusa vacinal, os direitos das crianças e a tutela da saúde pública. Metodologia: O estudo adota o método de abordagem hipotético-dedutivo e o método de procedimento analítico por meio da revisão bibliográfica. Resultados: A pesquisa identifica os desafios relacionados à promoção da saúde infantil no contexto de consagração da pós-verdade; demonstra estatisticamente a redução no índice de doenças mediante a implementação de políticas públicas de vacinação e de que os benefícios da imunização prevalecem sobre os riscos. Contribuições: A partir da análise realizada, identifica no cenário de internet e pósverdade o impacto da tecnologia algorítmica na atual construção dos papéis sociais que estimulam a expansão de posturas negacionistas a partir de especulações ou inverdades propagadas pela mídia, o que reforça a necessidade de formulação de estratégias para uma conscientização verdadeira, atinente à proteção jurídica universal do direito humano à saúde. Ao final, ressalta a importante atuação do Estado para coibir a recusa vacinal, bem como a participação da sociedade civil na formulação de estratégias para a efetivação do direito à saúde. Palavras-chave: Movimento antivacinação; saúde; direitos humanos; pós-verdade. ABSTRACT Objective: The research analyses the growth of the anti-vaccine movement and the ethic-legal complexity in pondering the use of parental autonomy in vaccines refusal, children rights and the protection of public health. Methodology: The study adopts the hypothetical-deductive approach and the analytical procedure method through bibliographic review. Results: The research identifies the challenges related to children health promoting in the post-truth context consecration; it shows statistically the reduction in the diseases index with implementation of vaccine related public policies and that the benefits of immunization prevail under the risks attached to it. Contributions:The research identifies the internet and post-truths scenarios and the impact of algorithmic technology in the current construction of social roles that incentive the expansion of denial postures through speculations of untruths propelled by the media, which reinforces the need of the formulation of strategies for a real enlightenment towards a universal legal protection of the human right to health. Finally, the study highlights the important performance of the State to deter vaccines refusal, as well as to the participation of civil society in the formulation of strategies to turn in effect the right to health. Keywords: Anti-vaccine movement; health; human rights; post-truth.

scholarly journals Acceptability and feasibility of a school-based contraceptive clinic in a low-income community in South Africa

2019 ◽  
Vol 20 ◽  
Author(s):  
Nondumiso Khoza ◽  
Phindile Zulu ◽  
Maylene Shung-King
Keyword(s):  
South Africa ◽  
Side Effects ◽  
Low Income ◽  
Teenage Pregnancy ◽  
Health Workers ◽  
School Principal ◽  
Social Consequences ◽  
Teenage Girls ◽  
School Based ◽  
Contraceptive Side Effects

AbstractAimTo investigate how acceptable and feasible a school-based contraceptive clinic (SBCC) would be in a low-income South African community.BackgroundTeenage pregnancy is an important issue in South Africa, with significant health and social consequences. Issues regarding lack of confidentiality in an intimate community, unwelcoming health workers, long distances to clinics and perceptions of contraceptive side effects may all inhibit contraceptive use by adolescents. Although SBCC has been initiated and investigated in other countries, this approach is inadequately researched in South Africa.MethodsA mixed method study was conducted to assess the attitudes of one community towards establishment of an SBCC in their area. Methods of data collection included: focus group discussions (FGDs) with teenage girls from a local high school; a key informant interview with the school principal; a structured survey, including open-ended questionnaires with randomly selected parents of teenage girls from the same community; and a documentary analysis to explore relevant legal and policy considerations.FindingsTeenage girls, the school principal and parents with teenage daughters largely supported the idea of an SBCC, but with concerns about confidentiality, the possibility of increased promiscuity and contraceptive side effects. While legal statutes and policies in South Africa do not pose any barriers to the establishment of an SBCC, some logistical barriers remain.

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