RRLLB81 ASSIGNMENT 2 SEMESTER 1 FOR 2022-
LLB REPORT RESEARCH-90% AND ABOVE.
DISTINCTION GUARANTEED. QUALITY WORK WITH
FOOTNOTES AND BIBLIOGRAPHY.
,AN ANALYSIS OF CHILDREN WITH DISABILITIES`S RIGHT TO ACCESS TO BASIC
EDUCATION
BY
Submitted in partial fulfillment of the requirements for the degree
BACHELOR OF LAWS
In the SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR:
ASSIGNMENT 02, SEMESTER 01
2022
,ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am aware of
Unisa’s policies in this regard.
2. I declare that this assignment is my own, original work. Where I
have used someone else’s work, I have indicated this by using the
prescribed style of referencing. Every contribution to, and quotation
in, this assignment from the work or works of other people has been
referenced according to the prescribed style.
3. I have not allowed and will not allow anyone to copy my work with
the intention of passing it off as his or her own work.
4. I did not make use of another student’s work and submit it as my
own.
NAME: ______________________
SIGNATURE: _______________________
STUDENT NUMBER: _______________
MODULE CODE: RRLLB81
ASSIGNMENT
DATE :
TOPIC SELECTED: An analysis of children with disabilities`s right to basic
education.
,SUMMARY
The right to education has been globally recognized as an overarching right. In South
Africa, the right to education has been globally recognized as an overarching right. All
children have a right to access education including children with special needs which is
a fundamental human right. In South Africa the right to basic education is entrenched in
the Constitution of the Republic of South Africa, 1996. 1 Despite this, children with
disabilities are still victims of discriminatory barriers that hinder their access to basic
education and one recent such example was seen during the Covid 19 pandemic.
“Moving classes to online platforms are not accompanied by related reasonable
accommodation measures to ensure the inclusion of learners with disabilities.” 2 Certain
International instruments as well as the Constitution of the Republic of South Africa and
national legislation as relevant are looked at in so far as they relate to the protection of
children with disabilities. The realisation of the right to access education for learners
with disabilities remain a challenge for the State.
1
Constitution of the Republic of South Africa 108 of 1996.
2
Kamga SD, ‘COVID-19 and the Inclusion of Learners with Disabilities in Basic Education in South Africa: A
Critical Analysis’ (2020) 20 AHRLJ 558.
,KEYWORDS
Basic Education; Special Needs; Disabilities; Policies; Equal Access
,LIST OF ABBREVIATIONS AND ACRONYMS
CRC Convention on the Rights of the Child
CRPD Convention on the Rights of Persons Disabilities
SA South Africa
CRPD Convention on the Rights of Persons with Disabilities
DBE Department of Basic Education
BR Bill of Rights
SAC South African Constitution
,TABLE OF CONTENTS
Declaration 3
Summary 4
Key words 4
List of Acronyms 5
1. INTRODUCTION 7
1.1 Background 7
1.2 Problem statement 7-
8
1.3 Hypothesis 8
1.4 Description of Research methodology 8
2. INTERNATIONAL AND REGIONAL HUMAN RIGHTS INSTRUMENTS 9
2.1 The United Nations Convention on the Rights of the Child,1990 9
2.2 The African Charter on the Rights and Welfare of the Child, 1981 9
2.3 The United Nations Conventions on the Rights of Persons with Disabilities, 2006. 10
3.THE SOUTH AFRICAN CONSTITUTION AND NATIONAL LEGISLATION 10
3.1 The Constitution of the Republic of South Africa 108 of 1996 10
3.2 The South African Schools Act 84 of 1996
11
3.3 Education White Paper 6, Special Needs Education Building and Inclusive
Education and Training System (2001)
12
4. CHALLENGES THAT MAKES THIS RIGHT INACCESSIBLE 12-
13
,5. THE EXTENT TO WHICH SOUTH AFRICA FAIL TO PRIORITISE THE RIGHTS
FOR CHILDREN LIVING WITH DISABILITIES
13-14
6. RECOMMENDATIONS 15
7. CONCLUSION 16
8. BIBLIOGRAPHY 17-18
, 1. INTRODUCTION
The Constitution recognises the right of "everyone" to "a basic education”.6 However,
the meaning of the term “basic education” is not agreed upon amongst key role players
or stakeholders. In recent years, particularly in the period after the adoption of the UN
Convention on the Rights of Persons with Disabilities (CRPD), there has been a
sustained campaign for education to be inclusive. Essentially, there has been a push to
adopt "inclusive education" as the best approach to ensure that education is accessible
to all. Relying on a general notion of "inclusion", it is arguable that the term “inclusive
education” should refer to education that is accessible to all persons in society.
However, the term has been applied mainly in the context of persons with disabilities,
with the result that efforts towards achieving inclusive education have concentrated on
ensuring that persons with disabilities can access education on an equal basis with
others in the communities in which they live. However, this view is limiting to the overall
goal of universal access to primary education, both under the Constitution and
internationally.
1.1 Background to the research problem
Over the past couple of years, South African Law has developed with the introduction
of many policies, legislation and other important legal documents being enacted that
aim to protect children. South Africa has also ratified international and regional
instruments such as the United Nations Convention on the Rights of the Child (the
CRC)3 and the African Charter on the Rights of the Child (The ACRWC). 4 South Africa
also recently ratified the Convention on the Rights of Persons with Disabilities (the
3
United Nations Convention on the Right of the Child,1996.
4
African Charter on the Rights and Welfare of the Child,1981.
LLB REPORT RESEARCH-90% AND ABOVE.
DISTINCTION GUARANTEED. QUALITY WORK WITH
FOOTNOTES AND BIBLIOGRAPHY.
,AN ANALYSIS OF CHILDREN WITH DISABILITIES`S RIGHT TO ACCESS TO BASIC
EDUCATION
BY
Submitted in partial fulfillment of the requirements for the degree
BACHELOR OF LAWS
In the SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR:
ASSIGNMENT 02, SEMESTER 01
2022
,ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am aware of
Unisa’s policies in this regard.
2. I declare that this assignment is my own, original work. Where I
have used someone else’s work, I have indicated this by using the
prescribed style of referencing. Every contribution to, and quotation
in, this assignment from the work or works of other people has been
referenced according to the prescribed style.
3. I have not allowed and will not allow anyone to copy my work with
the intention of passing it off as his or her own work.
4. I did not make use of another student’s work and submit it as my
own.
NAME: ______________________
SIGNATURE: _______________________
STUDENT NUMBER: _______________
MODULE CODE: RRLLB81
ASSIGNMENT
DATE :
TOPIC SELECTED: An analysis of children with disabilities`s right to basic
education.
,SUMMARY
The right to education has been globally recognized as an overarching right. In South
Africa, the right to education has been globally recognized as an overarching right. All
children have a right to access education including children with special needs which is
a fundamental human right. In South Africa the right to basic education is entrenched in
the Constitution of the Republic of South Africa, 1996. 1 Despite this, children with
disabilities are still victims of discriminatory barriers that hinder their access to basic
education and one recent such example was seen during the Covid 19 pandemic.
“Moving classes to online platforms are not accompanied by related reasonable
accommodation measures to ensure the inclusion of learners with disabilities.” 2 Certain
International instruments as well as the Constitution of the Republic of South Africa and
national legislation as relevant are looked at in so far as they relate to the protection of
children with disabilities. The realisation of the right to access education for learners
with disabilities remain a challenge for the State.
1
Constitution of the Republic of South Africa 108 of 1996.
2
Kamga SD, ‘COVID-19 and the Inclusion of Learners with Disabilities in Basic Education in South Africa: A
Critical Analysis’ (2020) 20 AHRLJ 558.
,KEYWORDS
Basic Education; Special Needs; Disabilities; Policies; Equal Access
,LIST OF ABBREVIATIONS AND ACRONYMS
CRC Convention on the Rights of the Child
CRPD Convention on the Rights of Persons Disabilities
SA South Africa
CRPD Convention on the Rights of Persons with Disabilities
DBE Department of Basic Education
BR Bill of Rights
SAC South African Constitution
,TABLE OF CONTENTS
Declaration 3
Summary 4
Key words 4
List of Acronyms 5
1. INTRODUCTION 7
1.1 Background 7
1.2 Problem statement 7-
8
1.3 Hypothesis 8
1.4 Description of Research methodology 8
2. INTERNATIONAL AND REGIONAL HUMAN RIGHTS INSTRUMENTS 9
2.1 The United Nations Convention on the Rights of the Child,1990 9
2.2 The African Charter on the Rights and Welfare of the Child, 1981 9
2.3 The United Nations Conventions on the Rights of Persons with Disabilities, 2006. 10
3.THE SOUTH AFRICAN CONSTITUTION AND NATIONAL LEGISLATION 10
3.1 The Constitution of the Republic of South Africa 108 of 1996 10
3.2 The South African Schools Act 84 of 1996
11
3.3 Education White Paper 6, Special Needs Education Building and Inclusive
Education and Training System (2001)
12
4. CHALLENGES THAT MAKES THIS RIGHT INACCESSIBLE 12-
13
,5. THE EXTENT TO WHICH SOUTH AFRICA FAIL TO PRIORITISE THE RIGHTS
FOR CHILDREN LIVING WITH DISABILITIES
13-14
6. RECOMMENDATIONS 15
7. CONCLUSION 16
8. BIBLIOGRAPHY 17-18
, 1. INTRODUCTION
The Constitution recognises the right of "everyone" to "a basic education”.6 However,
the meaning of the term “basic education” is not agreed upon amongst key role players
or stakeholders. In recent years, particularly in the period after the adoption of the UN
Convention on the Rights of Persons with Disabilities (CRPD), there has been a
sustained campaign for education to be inclusive. Essentially, there has been a push to
adopt "inclusive education" as the best approach to ensure that education is accessible
to all. Relying on a general notion of "inclusion", it is arguable that the term “inclusive
education” should refer to education that is accessible to all persons in society.
However, the term has been applied mainly in the context of persons with disabilities,
with the result that efforts towards achieving inclusive education have concentrated on
ensuring that persons with disabilities can access education on an equal basis with
others in the communities in which they live. However, this view is limiting to the overall
goal of universal access to primary education, both under the Constitution and
internationally.
1.1 Background to the research problem
Over the past couple of years, South African Law has developed with the introduction
of many policies, legislation and other important legal documents being enacted that
aim to protect children. South Africa has also ratified international and regional
instruments such as the United Nations Convention on the Rights of the Child (the
CRC)3 and the African Charter on the Rights of the Child (The ACRWC). 4 South Africa
also recently ratified the Convention on the Rights of Persons with Disabilities (the
3
United Nations Convention on the Right of the Child,1996.
4
African Charter on the Rights and Welfare of the Child,1981.
