Realising the Right to Education for Children with Disabilities: A Critical Assessment of South Africa's Legislative and Policy Framework

Under Apartheid children with disabilities were systematically excluded from the education system. With the dawn of democracy, the Constitution of the Republic of South Africa guaranteed the right to basic education for everyone. The Preamble of the South African Schools Act went further by recognising the importance of creating an education system that could remedy past injustices and provide high-quality education for all. Yet despite these guarantees, South Africa has failed to realise the right to education for children with disabilities. Today, a considerable portion of children who are out of school consists of children with disabilities. This paper critically assesses the ability of South Africa's current legislative and policy framework to realise the right to education for children with disabilities. It considers South Africa's international law obligations concerning education provision. It further considers South Africa's domestic legal and policy framework by taking an in-depth look at the effectiveness of various education legislation, policies, guidelines, and plans of action. This paper argues that the current legislative and policy framework is insufficient to realise the right to education for children with disabilities. It further argues that a comprehensive legislative and policy framework is a key first step to realising this right.

Grantor

Department of Public Law

Year dc:date.issued

2022

Author dc:creator

• Muhwava, Eldonna

Advisor dc:contributor.advisor

• Ally, Nurina

• Human Rights Law

Handle dc:identifier.uri

http://hdl.handle.net/11427/37670

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/37670