RRLLB81 Assignment 3 PORTFOLIO (RESEARCH COMPLETE ANSWERS) Semester 2 2026 - DUE October 2026 - The Right of Access to Basic Education for Children with Disabilities

RRLLB81 Assignment 3 PORTFOLIO (RESEARCH COMPLETE ANSWERS) Semester 2 2026 - DUE October 2026- The Right of Access to Basic Education for Children with Disabilities; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.8.1..2.7.8..3.3.7.2... The Right of Access to Basic Education for Children with Disabilities Background The Constitution of the Republic of South Africa, 1996 (the Constitution) guarantees all children the right to basic education in section 29. Unlike other socio-economic rights such as health and housing, the right to basic education is not qualified by the terms ‘progressive realisation’ or ‘available resources’, meaning that it should be realised immediately. The Constitution is further supplemented by legislation and a number of policies addressing the right to education of children with disabilities. For instance, section 12(4) of the South African Schools Act 84 of 1996 obliges MECs in a province to ensure that education for learners with special needs be provided. Despite these provisions and the ratification of international treaties addressing the right to education of children with disabilities such as the Convention on the Rights of Persons with Disabilities, research shows that a number of children with disabilities are not receiving education and only a few attend ordinary and special schools. There is therefore a need for students to investigate challenges that make this right inaccessible, the provision of legislation, conventions and policies providing for this right, the state of education of learners with disabilities in both ordinary schools and special schools, and the extent to which South Africa prioritise or fail to prioritise the rights of children living with disabilities. You are tasked by the Department of Education to address this concern. Write an essay extrapolating the legal status on the right of access to basic education for children with disabilities in South Africa. Explore both the National Laws and the International Law as well as the entailed jurisprudence. Cases Madzodzo v Minister of Basic Education 2014 (3) SA 441 (ECM) Western Cape Forum for Intellectual Disability v Government of the Republic of South Africa 2011 (5) SA 87 (WCC) RRLLB81/103/2/2026 63 Books Kumalo S and Hodgson TF, ‘The Right to Basic Education for Children with Disabilities’ in Veriava F, Thom A and Hodgson TF, Basic Education Rights Handbook: Education Rights in South Africa (2017) Legislation Constitution of the Republic of South Africa, 1996 South African Schools Act 84 of 1996 Journal Articles Hodgson TS, ‘The Right to Inclusive Education in South Africa: Recreating Disability Apartheid through Failed Inclusion Policies’ (2018) 3 SALJ 461 Kamga SD, ‘COVID-19 and the Inclusion of Learners with Disabilities in Basic Education in South Africa: A Critical Analysis’ (2020) 20 AHRLJ 558