Page 1 of 16
THE RIGHT OF ACCESS TO BASIC EDUCATION FOR CHILDREN
WITH DISABILITIES IN SOUTH AFRICA
BY
Name
STUDENT NUMBER:
Submitted in partial fulfilment of the requirements for the degree
LLB
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRCIA
2022
, Page 2 of 16
DECLARATION
I understand what academic dishonesty entails and am aware of Unisa’s
policies in this regard.
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.
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.
I did not make use of another student’s work and submit it as my own.
Name:
Signature:
Student number:
Module code: RRLLB81 Date:13 APRIL 2022
SUMMARY
The goal of this Research is to demonstrate that education is a basic human right.
Education should "contribute to each learner's complete personal development as
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well as the nation's moral, social, cultural, political, and economic growth, including
the promotion of democracy, human rights, and peaceful conflict resolution." 1 For far
too long, the most vulnerable members of society have been excluded from schools
in all regions of the globe. All children, including disabled and gifted children, street
and working children, children from remote or nomadic populations, children from
linguistic, ethnic, or cultural minorities, and children from other disadvantaged or
marginalized areas or groups, have the right to education, regardless of their
physical, intellectual, social, emotional, linguistic, or other conditions.
This article examines the legal framework that governs South Africa's inclusive
education system, as well as the government's progress in implementing its inclusive
education strategy. Despite different interpretations of the right in government policy
declarations, both South African courts and international agencies have defined the
right to an education as a mechanism that must suit the requirements of a student.
Despite South Africa's broad legislative and regulatory framework, which allows for
the construction of an inclusive education system, the Department of Basic
Education has struggled to put it in place.
This research will be written in an essay format, with an introduction to the research
problem, historical background, problem statement, hypothesis, comparative
analysis, research methodology used, the body of the research, which will go over
the entire research in detail, and finally the author's recommendations and
conclusion.
KEY WORDS
Acceptability, accessibility, adaptation, availability, critical analysis, handicapped
children, discourse, education, framework, legislation, policy, South Africa, theme
content analysis.
1
Basic Education Laws Amendment Act 2011 (No. 25 of 2011), amending section 4(b) of the National
Education Policy Act of 1996
THE RIGHT OF ACCESS TO BASIC EDUCATION FOR CHILDREN
WITH DISABILITIES IN SOUTH AFRICA
BY
Name
STUDENT NUMBER:
Submitted in partial fulfilment of the requirements for the degree
LLB
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRCIA
2022
, Page 2 of 16
DECLARATION
I understand what academic dishonesty entails and am aware of Unisa’s
policies in this regard.
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.
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.
I did not make use of another student’s work and submit it as my own.
Name:
Signature:
Student number:
Module code: RRLLB81 Date:13 APRIL 2022
SUMMARY
The goal of this Research is to demonstrate that education is a basic human right.
Education should "contribute to each learner's complete personal development as
, Page 3 of 16
well as the nation's moral, social, cultural, political, and economic growth, including
the promotion of democracy, human rights, and peaceful conflict resolution." 1 For far
too long, the most vulnerable members of society have been excluded from schools
in all regions of the globe. All children, including disabled and gifted children, street
and working children, children from remote or nomadic populations, children from
linguistic, ethnic, or cultural minorities, and children from other disadvantaged or
marginalized areas or groups, have the right to education, regardless of their
physical, intellectual, social, emotional, linguistic, or other conditions.
This article examines the legal framework that governs South Africa's inclusive
education system, as well as the government's progress in implementing its inclusive
education strategy. Despite different interpretations of the right in government policy
declarations, both South African courts and international agencies have defined the
right to an education as a mechanism that must suit the requirements of a student.
Despite South Africa's broad legislative and regulatory framework, which allows for
the construction of an inclusive education system, the Department of Basic
Education has struggled to put it in place.
This research will be written in an essay format, with an introduction to the research
problem, historical background, problem statement, hypothesis, comparative
analysis, research methodology used, the body of the research, which will go over
the entire research in detail, and finally the author's recommendations and
conclusion.
KEY WORDS
Acceptability, accessibility, adaptation, availability, critical analysis, handicapped
children, discourse, education, framework, legislation, policy, South Africa, theme
content analysis.
1
Basic Education Laws Amendment Act 2011 (No. 25 of 2011), amending section 4(b) of the National
Education Policy Act of 1996
