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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 recognis...
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| Format: | Thesis |
| Language: | English |
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Department of Public Law
2023
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| _version_ | 1867613253517967360 |
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| access_status_str | Open Access |
| author | Muhwava, Eldonna |
| author2 | Ally, Nurina |
| author_browse | Ally, Nurina Muhwava, Eldonna |
| author_facet | Ally, Nurina Muhwava, Eldonna |
| author_sort | Muhwava, Eldonna |
| collection | Thesis |
| description | 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. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/37670 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:33:12.104Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/37670 Realising the Right to Education for Children with Disabilities: A Critical Assessment of South Africa's Legislative and Policy Framework Muhwava, Eldonna Ally, Nurina Human Rights Law 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. 2023-04-04T09:45:21Z 2023-04-04T09:45:21Z 2022 2023-04-04T08:59:40Z Master Thesis Masters LLM http://hdl.handle.net/11427/37670 eng application/pdf Department of Public Law Faculty of Law |
| spellingShingle | Human Rights Law Muhwava, Eldonna Realising the Right to Education for Children with Disabilities: A Critical Assessment of South Africa's Legislative and Policy Framework |
| thesis_degree_str | Master's |
| title | Realising the Right to Education for Children with Disabilities: A Critical Assessment of South Africa's Legislative and Policy Framework |
| title_full | Realising the Right to Education for Children with Disabilities: A Critical Assessment of South Africa's Legislative and Policy Framework |
| title_fullStr | Realising the Right to Education for Children with Disabilities: A Critical Assessment of South Africa's Legislative and Policy Framework |
| title_full_unstemmed | Realising the Right to Education for Children with Disabilities: A Critical Assessment of South Africa's Legislative and Policy Framework |
| title_short | Realising the Right to Education for Children with Disabilities: A Critical Assessment of South Africa's Legislative and Policy Framework |
| title_sort | realising the right to education for children with disabilities a critical assessment of south africa s legislative and policy framework |
| topic | Human Rights Law |
| url | http://hdl.handle.net/11427/37670 |
| work_keys_str_mv | AT muhwavaeldonna realisingtherighttoeducationforchildrenwithdisabilitiesacriticalassessmentofsouthafricaslegislativeandpolicyframework |