Dissertations / Theses: 'Right to education – South Africa'

1

Govender, Mahalingum. "Balancing the educator's rights to fair labour practices and to strike with the right to education." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1565.

Full text

Abstract:

This treatise investigates the potential for law (including courts and tribunals) to intervene and act as a lever for the protection and advancement of the rights of the child including the right to basic education. The dissertation critically explores the debate on the educator‟s right to strike and fair labour practices and the child‟s right to education, by assessing the rights and liberties, which accrue to educators and the child (learners) in terms of existing law. The South African Constitution has made specific provision for the protection of the rights of children and the rights of educators and these rights are fundamental to the development of a society in transition. The vexed question that arises is whether these rights can co-exist in a society that has inherited a legacy of discrimination and inequality. The consequences of this legacy have resulted in the rights of educators competing with those of learners. The normalisation of the balance of these opposite rights is the challenge that lies ahead and this process will require intervention of all stakeholders rather than purely legislative intervention. This dissertation recommends a consensus-based approach, which is the most appropriate solution to balance the rights of educators with this of the child‟s right to education, as opposed to a declaration of the education sector as an essential service. It further proposes the establishment of a more structured and organised forum / institution and its sole purpose would be to deal with the individual or collective rights of educators that compete with the rights of learners.

APA, Harvard, Vancouver, ISO, and other styles

2

Taiwo, Elijah Adewale. "The implementation of the right to education in South Africa and Nigeria." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1392.

Full text

Abstract:

The thesis examines the right to education in South Africa and Nigeria. It presents the right to education as an empowerment right which is given a wide recognition in a number of important international and regional human rights instruments as well as in national constitutions. It asserts that the right to education is a right with a multiplying effect in the sense that where it is effectively guaranteed, it enhances the enjoyment of all other rights and freedoms, and when it is denied, it precludes the enjoyment of many other human rights. The thesis examines the provisions of relevant international and regional human rights instruments to assess the adequacy of a framework that applies to South Africa and Nigeria's obligations regarding the right to education. It argues that those instruments impose obligations on all the States to make primary, secondary and higher levels of education available, accessible, acceptable and adaptable to all in their territories. It argues that by having ratified those international agreements in which the right to education is protected, both South Africa and Nigeria assume obligations under international law, enjoining them to realise the right to education and to respect freedoms in education. The study adopts a comparative approach and relies on primary and secondary sources of data; the data is subjected to an in-depth content analysis. The focus of the comparison is on whether the South African's position regarding the right to education can inform Nigeria's interpretation of the right to education. The reason being that the Nigerian Constitution does not provide for the right to education as a basic right as exists in South Africa. The Nigerian Constitution categorised the right to education under “fundamental objectives and directive principles” which are non-justiciable. In this sense, the thesis argues that the legal classification of the right to education, to a large extent, affects its realisation in Nigeria. It suggests that an important area where Nigeria could learn from South Africa is the issue of justiciability and constitutionalising the right to education as well as other socio-economic rights. In terms of implementation, the thesis submits that despite the international obligations and commitments to provide education for all, there is a significant gap between what is stipulated and the practical realities in the two countries. It argues that the right to education is more than a mere school attendance, how well a learner progresses in school is equally important. It posits that the high failure rates and the progressive slide in students' performances in schools xx examinations as shown in the study illustrate the poor quality and falling standard of education in the two countries. South Africa enjoys one of the highest rates of formal school enrolment of any developing country, yet the link between access and success is also weak in the South African schools just as in Nigerian schools. Inadequate planning, poor implementation of policies, lack of adequate resources and commitments are identified as the prime factors hampering the implementation of the right to education in both countries. Solving these problems and making the right to education realisable call for a renewed government commitments and investment of appropriate human and financial resources on education. This also requires a strong political will as well as concerted efforts of all the various actors in the educational sector in the two countries.

APA, Harvard, Vancouver, ISO, and other styles

3

Browne, Ruth Hannah. "The right to education for refugees and asylum-seekers in South Africa." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4684.

Full text

APA, Harvard, Vancouver, ISO, and other styles

4

Prinsloo, Dawn Lilian. "The right to mother tongue education a multi-disciplinary, normative perspective." Thesis, University of Port Elizabeth, 2005. http://hdl.handle.net/10948/365.

Full text

Abstract:

The post-apartheid South African Constitution guarantees the children of this country “the right to receive education in the official language or languages of their choice in public education institutions where that education is reasonably practicable” (The Constitution of the Republic of South Africa, Act 108 of 1996, Section 29 (2)) (Juta’s Statutes 2003). Yet ten years into the new dispensation nothing significant has been done to alter a situation in which the majority of children are obliged to access their basic education largely through the medium of a second or even a third language — English. In contravention of both the intentions and the specific provisions of numerous legislative measures and policy statements, Government has made no serious or effective attempt to promote the use of any language other than English in South African schools nor to encourage language practices most conducive to the cognitive development and academic success of millions of non-English speaking pupils. To make matters worse, most of the children who enter the school system with very little knowledge of English and are expected to make an abrupt transition to that language as a medium of instruction after a totally inadequate three years are from impoverished households and communities still suffering the gravest effects of the discrimination and oppression of apartheid. They are often underprepared and seriously disadvantaged by their background circumstances when they enter the culturally strange and intimidating western-style education system. To heap on top of these disadvantages the burden of language practices in the classroom that hinder rather than facilitate their access to education is indefensible. When Macdonald asks, “ Are our children still swimming up the waterfall?” (Macdonald 2002: 111) she is not exaggerating. In these circumstances and if ineffective language teaching and inadequate use of the mother tongue as a medium of instruction can be shown to bar effective access to basic education of an acceptable standard, there are far more serious and far-reaching implications in terms of human rights than just the right to choice of language medium. Linguistic research into medium of instruction has tended to be isolated from evaluative legal approaches to minority language rights, children’s rights, education rights or other fundamental human rights. Insufficient attention has been given to the interrelationship between the various rights and the importance of local conditions and circumstances in any assessment of their relative weight and enforceability. Human rights cannot be seen out of context, and theory from various disciplines, such as politics, economics and linguistics may be invaluable in forming a fresh perspective on the right to mother tongue education and, indeed, to basic education in general. The principle of non-discrimination in education is generally recognised, to be sure, as is the importance of ensuring access to and quality of education (Strydom 1992/93:139), but the dependence of these factors on the most appropriate medium of instruction within the education system does not merit much attention in the literature. The right to basic education tends to be seen as separate from any possible right to choice of medium of instruction and the latter often merely as a question of convenience or preference, at best a qualified right (Oosthuizen and Rossouw 2001: 666), dependent on feasibility, numbers and available finance (Motata and Lemmer 2002: 111). In fact, the case for regarding the right to mother tongue education as a strong positive right in many contexts and countries does not appear yet to have been made. This study is theoretical in nature and constitutes an attempt to fill this gap by examining the findings and views of experts from various disciplines within the framework of current thinking on human rights issues. The development of a coherent framework within which to view the right to mother tongue education and government obligations in connection therewith might be of some value to policy makers in their efforts to plan improvements within the education system. The synthesis and possibly, to a limited extent, the development of theory from the relevant disciplines will be undertaken by means of a survey of the relevant literature, an analysis of not only local but also international legislation and policy documents and the weighing and balancing of conflicting evidence and contrasting viewpoints. Sources and contributions in each area will be discussed under the headings outlined in Chapter 3. First, however, I should like to provide an overview of the educational, political and economic context in which mother tongue education must be considered.

APA, Harvard, Vancouver, ISO, and other styles

5

Geyer, Simone. "Education is an essential service." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1020875.

Full text

Abstract:

This treatise investigates the extent to which education could be declared an essential service. This is informed by an ongoing public perception that education is in a crisis as a result of the ease within which teachers embark on wildcat strikes, the level of absenteeism in schools, the manner in which communities prevent learners from attending school to place pressure on the state to meet service delivery demands, the lack of professionalism among teachers and the performance of our learners in achieving international benchmarks of results. The treatise critically explores the debate, in the South African context, on the need to declare education as an essential service in South Africa. This is done by examining the international benchmarks set by the International Labour Organization (ILO) in relation to essential services and what motivating reasons exist, if any, to proceed with declaring education as an essential service. There is a dire need to find a balance between the teachers’ right to strike and the learners’ right to basic education. At the moment there is a threat to this balance with the rights of teachers appearing to override those of learners and this has a negative impact on the learning outcomes and stability in education. The question that arises is what measures must the South African government put in place to ensure that the fundamental rights to education are not compromised. If the current situation continues to prevail it has the danger of retarding the development of a society in transition. There is a need for urgent intervention that takes on a consensus-based approach of identifying education as an essential priority in the interests of all. Can this be achieved by developing a minimum service level agreement for education that outlines which levels of teachers may go on strike? Can policy be regulated that outlines the duties of principals and deputy principals as those who are in the authority of the state and as such may not go on a strike? Can this be achieved without compromising the rights of any citizen as guaranteed in the Constitution of South Africa? The solution that this treatise provides to these vexing questions attempts to balance the rights of teachers with those of learners with a view to normalizing and stabilizing education in South Africa. It recommends that policy be set in place for principals and deputy principal that identifies them as part of those public servants who are in the authority of the state and therefore may not embark on a strike. This will enable the state to gain control of striking situations in education to ensure that there is still authority at the schools to maintain some level of minimum service, especially where there are very young learners. At the same time this will not be so severe as to render a strike in education ineffective for the teachers’ not to be able to exert force on the state to achieve improved conditions of service for themselves.

APA, Harvard, Vancouver, ISO, and other styles

6

Kopkowski, K. "The right to a basic Education in South Africa: Providing content to the right to achieve adequacy in Schools." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/28260.

Full text

Abstract:

This dissertation is a multi-disciplinary examine at the meaning of a right to basic education in South Africa. It will attempt to better understand the present circumstances in schools and the disparities in educational resource s, both material and human. In order to provide context for an unfamiliar reader, a brief review of the history of education will be provided. Resource disparities between the wealthy (minority) and middle class and poor (majority) will be reviewed and discussed with special focus on the Western C ape, where the research for this dissertation was conducted. The Western Cape is also the site of the ethnographic work collected and arranged in a section of the dissertation. US Legal cases surrounding education, a brief overview of the possibilities and problems of the legal approach are included in order to challenge but ultimately support the notion of the utility of the law as a tool to achieve substantive changes in educational equality. Recent cases in South Africa addressing the right are introduced as indicative of the possible jurisprudential trajectory that lies ahead. Finally, a list of the resources deemed 'basic' and necessary for educational success will be included and fleshed out within the dissertation.

APA, Harvard, Vancouver, ISO, and other styles

7

Msindo, Esteri Makotore. "The role of civil society in advancing education rights : the case of Gadra Education, Grahamstown, South Africa." Thesis, Rhodes University, 2015. http://hdl.handle.net/10962/d1016500.

Full text

Abstract:

This thesis has identified and analysed the role of an NGO called Gadra Education in advancing education rights to the less advantaged people of Grahamstown in South Africa. Gadra Education’s role has been identified as twofold. Firstly as an educational NGO, Gadra Education’s initiatives directly impact on the lives of the less economically and socially privileged learners who, due to their previous learning environment in state schools, do not achieve academic results that ensure entry into tertiary level. Secondly its role is identified in its nature as an organisation that emerged due to the deficiencies in the state schooling system. It therefore stands de facto as a critical institution for critique of the state’s education system. The thesis concludes that without confronting the Department of Education or collaborating with it, Gadra Education offers a significant alternative approach which can potentially influence the state to improve the state schooling system. Its strategy of non-confrontation to the state, informal and non-corporatist is advantageous as an NGO that focuses on the actual provision of education. It focuses on instilling Ubuntu values of sharing and giving that are of critical significance in teaching and learning. The context of the thesis is located broadly within socio-economic rights and specifically on education rights. In South Africa where the state has not adequately met the educational obligations for the economically and socially less privileged citizens, the emergence of educational NGOs that focus on providing education to the poor is of vital importance. Although other NGOs that confront the state are important in pushing the state to deliver especially on school infrastructure, teacher deployment and other educational challenges, Gadra Education model ensures academic success for the learner. Lessons can be drawn from Gadra Education which can be potentially useful to state schools and other NGOs that seek to advance education rights to disadvantaged communities.

APA, Harvard, Vancouver, ISO, and other styles

8

Netshitahame, Nyadzanga Evelyn. "An analysis of learners' knowledge and understanding of human rights in South Africa." Thesis, Pretoria : [s.n.], 2008. http://upetd.up.ac.za/thesis/available/etd-10172008-130614.

Full text

APA, Harvard, Vancouver, ISO, and other styles

9

Omar, Mathias. "Constitutional protection of the right to education in Tanzania and South Africa : a comparative study." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/16792.

Full text

Abstract:

Strong defines the term “constitution” as a framework according to which a political society is structured, where permanent institutions with specific and pre-determined functions and rights are created, through law. The main functions of a constitution include satisfaction of the demands of citizens of a state that their rights will be protected and that the government power will be limited; guarantee that both the rights and responsibilities of the citizen and of the government are exercised according to fixed stipulations to prevent arbitrary decision-making and actions.2 The constitution also guarantee the political order that develops in a state, and according to which the governing function will take place, is structured and is in the interest of all concerned; and satisfies demands and expectations of separate communities that form a political unit concerned.3 A constitution therefore establishes legality and legitimacy of a political system and government of a state. The constitutional stipulations must be valid and generally acceptable. The political processes must run concordantly with the stipulations to attain its objectives such as improvement of its citizens‟ well being socially and economically through protection of their rights.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010.
A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Mr.E.Y. Benneh at the Law Faculty, University of Ghana, Legon. 2010.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM

APA, Harvard, Vancouver, ISO, and other styles

10

Lenaghan, Patricia Michelle. "The right to freedom of religion in the public domain in South Africa." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_9062_1363775015.

Full text

Abstract:

Within the context of South Africa&lsquo
s diverging religious, cultural and social backgrounds, new questions on the nature of a multicultural society are raised from the perspective of human rights.
The universality and indivisibility of human rights are challenged by this diversity and consequently implies that standards, concepts and structures for implementation have to be reconsidered.
International and national standards are being (re)interpreted and attention is not only focused on the contents of the norms but on the limitations imposed thereupon. The debate on whether limits should be set in permitting or accommodating cultural or religious pluralism is becoming extremely relevant. The manner in which these questions are responded to
is even more prominent in the light of our history of apartheid which has disregarded respect for religious and cultural diversity. In the scope of this research emphasis will be placed on the
right to freedom of religion and in particular the limitation of the right to religion in an attempt to balance conflicting rights and accommodates religious diversity. The right to freedom of religion
albeit constitutionally entrenched is subject to reasonable and justifiable limitations. However, no clear guidelines have been formulated on the criteria for limiting the right to freedom of
religion. The main aim of this research is to find guiding criteria to facilitate the imposition of limitations on the right to freedom of religion. The limitations of the right to freedom of religion are
interrelated with the following research questions: Firstly, the definition afforded to the right to freedom of religion in accordance with national and international standards
secondly, the relationship between culture and religion and any interconnection that exists between these rights. This is followed by the influence of the particular value framework or normative commitments
f the judiciary on the interpretation of the right to religion, as well as the relationship between the state and religion. The above issues will be researched both on a national and
an international level. The aim is to conduct research that will build on an appreciation of the guidelines that should be employed in ensuring the protection of the right to freedom of religion. To this end comparisons will be drawn with other legal
systems, which on the one hand acknowledge the protection of the right to freedom of religion and on the other hand have to find ways in which the right can be balanced in the event of conflict. It is envisaged that the research of the criteria imposed on the limitation of the right to religion both on a national and an international level will assist in suggesting criteria that will influence
scholarly debate on the topic. In addition that this debate will allow for the formulation of a transformative approach within the South African context that sanctions the celebration of diversity in all
its aspects and in particular the right to freedom of religion.

APA, Harvard, Vancouver, ISO, and other styles

11

Adams, Anton John. "The education sector as an essential service." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1573.

Full text

Abstract:

Because of the impact of teacher strikes on education there has been a call to declare the teacher‟s profession an essential service and thus prohibit them from striking. This call was made by the Democratic Alliance (DA). The Democratic Alliance arguments in their application to the Essential Services Committee was based on the fact that education in South Africa is in a crisis and the life-altering inconvenience this caused for children. The combined teacher unions in the Education Labour Relations Council (ELRC) expressed their concerns over the DA‟s call for education to be declared an Essential Service. The Bill of Rights grants every employee the fundamental right to strike. This is an absolute and should always be exercised under certain controlled conditions, as stipulated by the Labour Relations Act 66 of 1995. Convention 87 of the International Labour Organising (ILO) recognises the right of trade unions, as an organisation of workers set up to further and defend their interest (Article 10), to formulate their programs and organise their activities (Article 3); this means that unions have the right to negotiate with employers and to express their views on economic and social issues affecting the occupational interest of their members. This constitutes the position that the right to strike is one of the legitimate and indeed essential means available to workers for furthering and defending their occupational interest. Balanced against the right of every teacher to strike is the right of everyone to have a basic education as set out in section 29 of the Constitution. In terms of section 29(1)(a) everyone has a right, enforceable against the state, to basic education. This creates a strong positive right. Aspects of the right to education are found in human rights treaties and declarations. This right to education is contained in article 26 of the Universal Declaration of Human Rights (1948) which states that “everyone has the right to education”. The International Covenant of Economic, Social and Cultural v Rights of 1966 covers the right to education comprehensively, especially article 13 and 14. In 1989 the Convention on the Rights of the Child further confirmed this right. The right to a basic education is further enhanced by section 28(2) of the Constitution “(a) child‟s best interest is of paramount importance in every matter concerning the child”. It is significant to note that in 2007 the Constitutional Court elevated the “best interest” principle to a right. This implies that the best interest of the child would be the decisive factor in each matter that affects the child. In deciding to declare the teaching profession as an essential service constitutional rights must be balanced. These are the right to strike, the right to a basic education and the best interest of the child principle.

APA, Harvard, Vancouver, ISO, and other styles

12

Djouguela, Fotso Danielle. "The right to education for the girl-child and problems facing adolescent girls in the pursuit of their right to education : a focus on South Africa." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/37361.

Full text

Abstract:

This dissertation examines the problems facing adolescent girls in the pursuit of their right to education and this especially in South Africa. It presents the right to education as a human right belonging to everyone; not a privilege reserved for a category of person. The right to education is a fundamental human right and an empowerment right because it contributes to the achievement of other rights. The dissertation describes the provisions of relevant international and regional human rights instruments and assesses whether South African laws, policies and practices on the ground adhere to the requirements’ of international and regional law. It assert that, though there has been provision for universal and compulsory primary schooling and higher participation rate for girls, big challenges particularly for adolescent girls are still prevalent, particularly after primary school even though the cracks may appear very subtle and almost none issue. This dissertation shows that to solve these problems and make the right to education realizable for every child, the South African government should consider the cultural and religious environment of the adolescent girl and also renew its commitments and strategies designed to improve their retention rate and advancement at school.
Dissertation (LLM)--University of Pretoria, 2012.
gm2014
Centre for Human Rights
restricted

APA, Harvard, Vancouver, ISO, and other styles

13

Philpott, Susan Carol. "Realising the right of children with disabilities to early childhood development in South Africa." Thesis, University of Western Cape, 2014. http://hdl.handle.net/11394/3363.

Full text

Abstract:

Doctor Legum - LLD
This study sets out to establish what is required of the South African government to comply with international human rights treaties and Constitutional obligations with respect to early childhood development (ECD) for children with disabilities. This requires clarification of the nature, scope and content of ECD and conceptual frameworks for child development and childhood disability are therefore presented. Early childhood is defined as the period from birth to four years of age. It is a period (by comparison to any other phase in the life course) of accelerated growth, during which brain development can be optimally promoted. It is at the same time a highly sensitive period when permanent damage caused by toxic stress can be averted. Early childhood is an opportunity for early intervention for children with disabilities, and is ideally suited for promoting social inclusion between children with disabilities and those without disabilities, particularly in early learning settings. By virtue of its potential to promote optimal development of young disadvantaged children in particular, ECD is not only a means of working towards equity, it has been recognised as a national investment. The content of ECD, drawing from the most recent publication of the South African Child Gauge (2013), is seen as comprising an ‘essential package’ of services, including nutrition, health, social services, caregiver support and early learning opportunities. The focus of this study is on the Convention on the Rights of the Child, the African Charter on the Rights and Welfare of the Child and the Convention on the Rights of Persons with Disabilities (CRPD) all of which have provisions relating to the general context of children with disabilities as well as to the components of the ‘essential package’. In addition to the sector-related rights contained in these treaties, they impose general obligations on the State with respect to legislative and other measures which it must undertake. These are discussed together with the State obligations under the South African Constitution which provide not only for non-discrimination, dignity and equality, but also for specific socio-economic rights for children which create justiciable obligations for the State. Having established the obligations of the State under international law and the Constitution, there is analysis of current legislation and policies and the extent to which they are compliant. A brief description is given of the history of disability and ECD-related services during the apartheid era, and how these have shaped current provision. Attention is given to provisions of the Children’s Act for ECD, partial care and prevention, and early intervention, where there is a lack of a clear mandate for funding services. Further, while limited Social Security is provided to children with disabilities in the form of Care Dependency Grants, these are likely to reinforce a welfarist perspective unless viewed as part of a broader initiative for equalisation of opportunities and development of children with disabilities. In respect of the right to health, progress made in reducing maternal and child mortality rates is applauded, but the primary focus on preventive and curative care has ‘crowded out’ a comprehensive view of primary health care as also encompassing rehabilitative care. Further, mechanisms to ensure early identification and intervention for children with disabilities, through developmental screening and referral, need to be strengthened. In respect of the right to education, there has been limited attention given to children under the age of five years, including within the Inclusive Education Policy (White Paper 6). The study therefore concludes that there are various areas in which there is a lack of alignment between the State obligations under international law, and current legislation and policies. However, drawing on the CRPD in particular, and the current heightened political attention being given to ECD, evidenced by its inclusion in the National Development Plan, this study further concludes that there exists at present a tremendous opportunity to ensure the inclusion of children with disabilities such that they are able to enjoy all the benefits of ECD and thereby reach their full potential.

APA, Harvard, Vancouver, ISO, and other styles

14

Chetty, Kasturi. "The interaction of children's rights, education rights and freedom of religion in South African schools." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1020864.

Full text

Abstract:

This study examines the topic of the interaction of children’s rights, education rights and freedom of religion in South African schools from a legal perspective. It comprises of a discussion on the historical development of religion in South African schools; South Africa’s international obligations with regards to children’s rights, education rights and freedom of religion and the South African substantive law pertaining to children rights, education and freedom of religion as impacting on legal issues pertaining to religion in schools. The study utilises a desktop approach, which comprises of a wide range of legal and other literary sources, international instruments, statutes and case law on children’s rights, education rights and freedom of religion. Importantly, it highlights the integral connection between these aforementioned rights when dealing with issues pertaining to religion in schools. This thesis illustrates that much of the historical development of religion in schools took place without consideration of children’s rights, or more particularly, the best interests of the learners. Instead, (a particular brand of) religious beliefs were promoted in education above other religions and the well-being of school-children. Furthermore, despite the introduction of specific children’s rights into the Constitution, this thesis emphasises that the rights of children have still not been recognised sufficiently in education laws and policies. It is submitted that children’s rights have a paramount and practical role to play in matters pertaining to religion in South African schools. Consequently, it is recommended that children’s rights, more particularly the best interests of the child principle, should be expressly introduced into education legislation and policies. This will create legal obligations for school administrators and SGBs on the inclusion of children’s rights in religious exemption procedures. Furthermore, it is recommended that national guidelines on religious/cultural exemptions (which incorporate children’s rights) be developed which will set legal parameters for the handling of religious/cultural exemption procedures in schools. This thesis also argues against the interpretation that the right to establish private schools includes the right to require religious conformity from non-adherent learners by way of a complete waiver of their religious freedom. Despite the importance of respecting the right of religious communities to protect and preserve their faith in private schools, it is submitted that this right cannot be exercised without regard for the religious freedom, dignity and best interests of non-adherent children. As a result, it is submitted that the waiver of the freedom of religion of non-adherent children is not consistent with the values which South African society reveres and therefore cannot be enforced. This thesis suggests that there is a way for the rights of private schools and the rights of non-adherent children to co-exist in harmony through the application of the reasonable accommodation principle in private schools. Reasonable accommodation of different faiths teaches religious tolerance to leaners in private schools and ensures that they are prepared to grapple with the religious diversity that they will inevitably face outside of the school environment. It is submitted that the enforcement of reasonable accommodation in private schools is to the benefit of all learners in private schools and to South African society in general. Moreover, this study questions and analyses the state’s provision of compulsory religion education in public schools through the National Policy on Religion and Education. A theoretical distinction is made between religion education and religious instruction in the National Policy itself. Religious instruction refers to the teaching of specific religious beliefs. Religion education refers to the teaching about different religions and worldviews from an academic perspective. It is submitted that the National Policy is correct in removing religious instruction from public schools as this would not be in accordance with freedom of religion or equality rights of learners who are not of the majority faith. It is submitted further that, although the provision of compulsory religion education in public schools impacts upon the freedom of religion of learners and their parents, (if taught correctly) it is a reasonable and justifiable limitation on freedom of religion in that it pursues the legitimate state goal of nation-building through the teaching of religious tolerance and “celebrating diversity” in schools. In light of South Africa’s history of religious discrimination, it must be recognised that the current position (although not problem- free) is a significant step forward in the protection of minority religious rights in South African schools. Despite this, it is submitted that there are numerous problems with the implementation of the National Policy that impact upon the dignity, equality and other rights of the learners concerned. These problems cannot be ignored since they impact upon the daily lives of school children. However, many of these problems can be minimised through more effective teacher training in this subject area. Accordingly, this thesis recommends that the current position be maintained as an acceptable compromise between the two extremes of providing religious instruction in one faith and removing religion education from public schools altogether. However, it emphasises that the state has to make a concerted effort to improve teacher training in this subject area in order to ensure that the objectives of the National Policy are carried out as envisaged. Furthermore, this thesis finds that certain provisions of the National Policy contain not only educational goals, but spiritual goals. Also in some instances, it is difficult to determine whether the religion education curriculum borders on being religious or not. In accordance with freedom of religion, it is submitted that the line between religion education and religious instruction must be clearly drawn in law and in practice. Consequently, the state must reconsider the National Policy and the corresponding religion education curriculum to ensure that they are aligned with the objectives of nation-building in all respects, meaning that any provisions or learning outcomes which have purely spiritual goals- must be amended or removed.

APA, Harvard, Vancouver, ISO, and other styles

15

Sigwanda, Pakama Sylvia. "The effects of the high rate of learner absenteeism in primary schools in Govan Mbeki area." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/20394.

Full text

Abstract:

Since the advent of the democratic dispensation in 1994, the government of South Africa has made significant steps in addressing issues of national concern. One of the major highlights is a Bill of Rights, as stipulated in the South African Constitution, Act 106 of 1996, which states that every child has a right to basic education. However, in spite of compulsory education, an extremely high rate of absenteeism has been noticed in many primary schools of the Eastern Cape Province in the Nelson Mandela Metropolitan region. The purpose of this study was to develop a deeper understanding of the major factors that contribute to absenteeism in the Govan Mbeki area of the Nelson Mandela Metropolitan Region, with the ultimate aim of promoting school attendance among learners. Both quantitative and qualitative approaches were used to collect the data in two schools. Using purposive sampling, two schools in the Govan Mbeki area were identified. These two schools were known to have a high rate of learner absenteeism. In each of the schools – which, in this research, are referred to as school A and school B, 20 parents, 6 teachers and 20 learners (10 per school) were identified as participants. The major findings of this study show that the factors affecting school attendance are interlinked; and, they include – although they are not limited to – bullying, poverty in households, poor teacher-student relationships, a poor learning environment, and the underperformance of the learners, which, in turn, result in disinterested learners. The study recommends a joint engagement of school, homes and the Department of Education to develop mechanisms, which might help both parents and teachers to navigate potential solutions to curb the trend. Furthermore, there needs to be a concerted effort to reduce household poverty and to sensitize teachers of their responsibilities towards their learners.

APA, Harvard, Vancouver, ISO, and other styles

16

Nqaba, Patronella Pinky. "NGOs and the depoliticisation of development : the case of GADRA education in Grahamstown." Thesis, Rhodes University, 2015. http://hdl.handle.net/10962/d1017865.

Full text

Abstract:

Non-governmental organisations (NGOs) have been criticised for depoliticising development through focusing on alleviating suffering rather than on addressing the root causes of poverty and underdevelopment. This research explores whether and how NGOs can act in ways that do not depoliticise development. The research focuses on education NGOs and in particular on the NGO GADRA education in Grahamstown, South Africa, to provide insights into ways in which politically conscious leadership of NGOs attempt to deal with the contradictions that are inherent in this field of work. This research provides a brief history of the South African Education system as a means to set a basis for the discussion of the role of education NGOs in the country. Furthermore it looks at the work that is done by GADRA education in the Grahamstown community. The thesis makes the argument that education NGOs can act in ways that do not depoliticise development because by providing access to education for people who are structurally excluded from education, they contribute to shifting power. This research found that although the leadership of GADRA Education acknowledge that they are confronted with great challenges in terms of how to bring about changes in the education system, they are hopeful that advocating for quality education will bring about the potential for the disruption of power relations as they exist between the state organs and the public.

APA, Harvard, Vancouver, ISO, and other styles

17

Ndayi, Zoliswa B. "A legal analysis of legislation and policies on the right to basic education in the Eastern Cape, South Africa." University of the Western Cape, 2020. http://hdl.handle.net/11394/8133.

Full text

Abstract:

Magister Legum - LLM
The right to a basic education is recognised as an essential right in international and regional law, with numerous instruments regulating it.1 There are soft laws, in the form of General Comment documents, which provide guidelines to interpreting this right.2 Among these instruments, for example, the International Covenant on Social, Economic and Cultural Rights (hereafter referred to as ‘the ICESCR’) and the African Charter on Human and People’s Rights (hereafter referred to as ‘the ACHPR’) implore member states to ensure that every child within their jurisdiction is able to gain access to education.3 The ICESCR acknowledges that basic education as a socio-economic right is realisable overtime, its full realisation dependent on the availability of state resources.4 Furthermore, the state is required to ensure that ‘scientific and technical knowledge’ is made accessible, thus incorporating modern teaching and learning methods.5 In addition, the state is called to ensure that the quality of their education is acceptable and of a similar standard in all of their public schools.6 Moreover, the Convention on the Rights of the Child (hereafter referred to as the ‘CRC) and the African Charter on the Rights and Welfare of the Child (hereafter referred to as the ‘ACRWC’) require the state to take measures that will encourage learners to attend school regularly and thus reduce the dropout rates.7 These instruments lay down normative standards, giving guidance on the content of the right to basic education, i.e. defining what availability, accessibility, acceptability, and the adaptability (4As) means within the broader context of the right to basic education. The right to a basic education, in theory is immediately realisable; however in practice, it can be argued that it is being treated like other socio-economic rights, subjected to the principle of progressive realisation.8 This right, unlike other socio-economic rights in South Africa, is sui generis, it has no internal qualifiers, meaning that it can only be limited in terms of a law of general application that is reasonable and justifiable in an open and democratic society founded on human dignity, freedom and equality.9As a party to most of the above instruments, the post-apartheid government of South Africa through its Constitution10, has entrenched the right to basic education under section 29(1)(a). Through this constitutional recognition, numerous legislation and policy documents have been enacted, which directly deal with the implementation of this right.11 Accordingly, the following selected legal instruments have been essential tools used to assist the relevant stakeholders with defining and implementing the right to a basic education , not just at the national level but also provincially.12 These instruments are the South African Schools Act,13 National Education Policy Act14 and the Employment of Educators Act,15 which are the main statutes on basic education. In addition, the Eastern Cape Schools Education Act,16 Promotion of Equality and Prevention of Unfair Discrimination Act,17 Children's Act,18 Criminal Law (Sexual Offences and Related Matters) Amendment Act,19 Criminal Procedure Act and the Refugees Act,20 which shall be discussed in detail in chapter 4 of the study When assessing the availability, accessibility, and the acceptability of basic education resources in the Eastern Cape (hereafter referred to as ‘the EC’), the province appears to be lagging when compared to some of the other provinces. For instance, the National Education Infrastructure Management System Report (hereafter referred to as ‘NEIMSR’) stated that out of the 5393 schools audited from the EC, 1945 of these schools had pits and 37 had no sanitation facilities21. In addition, 92.99% of the 5393 schools in the province do not have libraries and 4.21 % of the schools recorded have adequately resourced libraries.22 This is to be contrasted to 63.24% schools that have libraries in Gauteng.23 In addition, the illiteracy rate in the province is estimated at 10, 4% when compared to other provinces, which is against the background that the province has experienced a decline in learner enrolment over the last few years.

APA, Harvard, Vancouver, ISO, and other styles

18

Ndayi, Zoliswa Beauty. "A legal analysis of legislation and policies on the right to basic education in the Eastern Cape, South Africa." University of the Western Cape, 2020. http://hdl.handle.net/11394/8129.

Full text

Abstract:

Magister Legum - LLM
The right to a basic education is recognised as an essential right in international and regional law, with numerous instruments regulating it.1 There are soft laws, in the form of General Comment documents, which provide guidelines to interpreting this right.2 Among these instruments, for example, the International Covenant on Social, Economic and Cultural Rights (hereafter referred to as ‘the ICESCR’) and the African Charter on Human and People’s Rights (hereafter referred to as ‘the ACHPR’) implore member states to ensure that every child within their jurisdiction is able to gain access to education.3 The ICESCR acknowledges that basic education as a socio-economic right is realisable overtime, its full realisation dependent on the availability of state resources.

APA, Harvard, Vancouver, ISO, and other styles

19

Mutu, Perekeme. "The role of civil society organisations in litigating the right to basic education in South Africa : Lessons for Nigeria." Thesis, University of Pretoria, 2020. http://hdl.handle.net/2263/78559.

Full text

Abstract:

The thesis examined civil society organisations’ use of public interest litigation as a tool to promote and protect the right to basic education of children in South Africa, and considered what learning can be extrapolated for possible application in Nigeria. The thesis undertook a comparative analysis of the constitutional and legal environment that enables or impedes strategic litigation in the selected counties, and determined optimal conditions for such work to be undertaken. It also demonstrated that for public interest litigation to be successful, it needs to be complemented by other strategies such as engaging the media and mobilising stakeholders. The thesis illustrates the effectiveness of civil society activism through strategic litigation in South Africa, and indicates opportunities for its use in Nigeria to advance the struggle for equal access to quality basic education for every child.
Thesis (PhD) University of Pretoria, 2020.
Private Law
PhD
Restricted

APA, Harvard, Vancouver, ISO, and other styles

20

Bukenya, Joanna A. B. "A comparison between South Africa and Uganda, in respect of child labour as a hindrance to the right to education." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/46224.

Full text

Abstract:

In many parts of the world children are engaged in child labour, some of the key factors that contribute to the prevalence of child labour include; poverty, societal perception of child labour and cultural influences. A child’s right to education is essential for the growth and development of a child in order the knowledge and skills needed to progress in life and better exposure to better opportunities in life. However when child labour interferes with or hinders a child’s right to education, this limits a child’s opportunity to grow, thus subjecting them to low paying jobs and keeping them in the cycle of poverty. South Africa and Uganda recognise the importance of the rights of the child which is evident in existing legalisation protecting the rights of the child in both countries, the ratification, by both countries, of international law and instruments protecting the rights of children, as well the establishment policies, programmes, and other initiatives protecting the rights of the child. Basic education is compulsory in both countries and duties are placed on parents and guardians ensure they receive this. However there still exist large amounts of children involved in child labour, many of whom are dropping out of school due financial hardships and other circumstances and thus resorting to child labour to assist and take care of their families. This research argues that education and increased awareness about the detrimental effect of child are both important tools in the elimination of child labour. This research reviews existing legalisation, policies and programmes and initiatives in place for the reduction and elimination of child labour in Uganda and South Africa and identifies good practices in both countries which could be implemented to create new and strengthen existing systems and mechanism in place against child labour.
Mini-dissertation (MPhil)--University of Pretoria, 2014.
tm2015
Centre for Human Rights
MPhil
Unrestricted

APA, Harvard, Vancouver, ISO, and other styles

21

Mycroft, Michaela. "Is the right to education for children with disabilities in South Africa sufficiently protected, promoted and supported by the government?" Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/30876.

Full text

Abstract:

Disability in South Africa is a complex issue to understand and address. Society is structured in such a way that ableism persists, creating ongoing challenges for minority groups such as those living with a disability. In the light of the above, this dissertation examines the right to education for children with disabilities. This dissertation has a narrowed focus, through a desktop study investigating legislation and policies addressing and supporting the right to education in South Africa. If the right to education is effectively addressed, it could lead to improved access to equality, dignity and freedom for children with disabilities, as enshrined in the Constitution. Civil society organisations have become increasingly involved in supporting and promoting the right to education for children with disabilities, to ensure that children with disabilities can and do access their basic rights, when government fails to provide for equitable realisation of this right. I propose that the government has accepted responsibility to meet its obligation1 to provide equal education opportunities for children with disabilities in South Africa through signing international and regional treaties but is ineffective in doing so. However, the pervasiveness of ableism is a major barrier to implement this obligation. As a result institutions such as civil society have been ‘required’ to fill the gap to avoid further marginalisation of children with disabilities and violation of their human rights.

APA, Harvard, Vancouver, ISO, and other styles

22

Arendse, Lorette Elizabeth. "'The school funding system in post-apartheid South Africa: Is the right to adequate basic education accessible to the rich only?'." Thesis, University of the Western Cape, 2009. http://hdl.handle.net/11394/1746.

Full text

Abstract:

Magister Legum - LLM
The financing of public schools in South Africa is dependent on school fees to a great extent. However, the legislative process governing the charging of school fees perpetuates the entrenched inequality in the education system and violates the constitutional rights of those learners who are unable to afford school fees and other educational costs. This study examines the impact of the school funding system on the right to basic education of these learners, who are in most instances black and/or poor.
South Africa

APA, Harvard, Vancouver, ISO, and other styles

23

Du, Preez Petro. "Facilitating human rights values across outcomes-based education and Waldorf education curricula." Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50351.

Full text

Abstract:

Thesis (MEd)--University of Stellenbosch, 2005.
ENGLISH ABSTRACT: The facilitation of human rights values might be considered a means to rethink and redefine values education in South Africa. This study aimed at determining how human rights values were addressed in the context of independent Waldorf Education and government initiated outcomes-based education in South Africa, and how educators facilitated these values in various circumstances. In exploring the philosophies, theories and practices of these education models against the background of paradigmatic and post-paradigmatic philosophies in support of the socially constructive curriculum theory, important notions were highlighted that have preceded, and might follow, the facilitation of human rights values. The epistemologies, ontologies and methodologies of the emancipatory paradigm and postparadigmatic framework appeared to provide appropriate philosophical departure points regarding the facilitation of human rights values. This study anticipated the theoretical clarification of the concept human rights values and included a discussion on the importance of these values in various school contexts. Values identified from the Manifesto on Values, Education and Democracy (2001), that were also present in the Curriculum: Waldorf Schools in South Africa (1995), were discussed as possible human rights values. Empirical research was conducted to explore how human rights values were attended to in good practice scenarios in order to provide insight into the questions posed regarding the facilitation of human rights values. Through systematic ethnographic observations and semi-structured interviews it appeared that in both school contexts human rights values were more frequently addressed in incidental situations than in formal curriculum contents. This is interesting seeing that the outcomes-based education model has a number of documents to guide the facilitation of human rights values within formal curriculum contents, whereas the Waldorf approach has no such supportive documents. One might question the value and influence of numerous documents if basic knowledge that is required for the meaningful interpretation of such documents is not communicated from the outset. Moreover, it became evident that since Waldorf educators are adequately trained in Anthroposophy, the philosophy to which Waldorf schools adhere, they deal with curriculum matters such as socially constructing a curriculum more effectively. The training of outcomes-based education educators can be questioned regarding the philosophy, theory and methodology of outcomes-based education in view of the hasty implementation of this new model for government schools. As a result of this hurried process, educators of outcomes-based education are experiencing numerous uncertainties when they have to manage curriculum matters such as socially constructing a curriculum. Recommendations and related examples were provided after the completion of the study. This included, among others, the notions of dialogically facilitating human rights values to promote learners' understanding of their rights, and the rights of others; to transform incidental facilitation of human rights values into worthwhile teaching-learning experiences; to use human resources - including learners - to convey human rights values; and to focus educators' training (both in-service and pre-service) toward the inclusion of human rights values and promoting an understanding of socially constructing a curriculum. The study was concluded with the remark that human rights values might be an appropriate means to redefine values education, provided that the facilitation of human rights values are based on suitable theoretical and philosophical premises; and that those held responsible to facilitate such values are assisted in this task.
AFRIKAANSE OPSOMMING: Die fasilitering van menseregte-waardes kan beskou word as 'n wyse om waarde-opvoeding in Suid-Afrika opnuut te deurdink en te herdefinieer. Hierdie studie het ten doel gehad om vas te stel hoe menseregte-waardes in onafhanklike Waldorf Onderwys en staatsgeïnisieerde uitkomsgebaseerde onderwyskontekste in Suid-Afrika aangespreek word, en ook hoe dit in die praktyk gefasiliteer word. Die verkenning van teorieë, filosofieë en praktyke aangaande die twee opvoedingsrnodelle teen die agtergrond van paradigmatiese en post-paradigmatiese filosofieë, ter ondersteuning van kurrikulumteorie, het kardinale aspekte wat die fasilitering voorafgegaan het, en moontlik tot gevolg kan hê, uitgelig. die sosiaal-konstruktiewe van menseregte-waardes Dit kom voor asof die epistemologieë, ontologieë en metodologieë onderliggend aan die emansipatoriese paradigma en die post-paradigmatiese raamwerk 'n genoegsame filosofiese aanvangspunt bied met betrekking tot die fasilitering van menseregte-waardes. In die studie is die konsep menseregte-waardes konseptueel-teoreties verklaar. Dit het ook 'n bespreking oor die belangrikheid van hierdie waardes in verskeie skoolkontekste ingesluit. Waardes geïdentifiseer uit die Onderwysrnanifes oor Waardes en Demokrasie in die Onderwys (Manifesto on Values, Education and Democracy, 2001) wat ook sigbaar was in die Waldorf-kurrikulumdokument (Curriculum: Waldorf Schools in South Africa, 1995), is bespreek as moontlike menseregte-waardes. Empiriese navorsing is onderneem om die wyse waarop menseregte-waardes in goeie praktyk-scenarios aangespreek word te verken ten einde nuwe insig te verkry rakende die fasilitering van menseregte-waardes. Deur die sistematies-etnografiese waarnemings en semi-gestruktureerde onderhoude het dit voorgekom dat menseregte-waardes in beide skoolkontekste meestal in toevallige situasies aangespreek word, eerder as deel van formele kurrikuluminhoude. Dit is interessant, gegewe die feit dat die uitkomsgebaseerde opvoedingsmodel heelwat dokumente beskikbaar gestel het om die fasilitering van menseregte-waardes te rig, terwyl die Waldorf-benadering geen ondersteunende dokumentasie in dié verband bied nie. Mens kan tereg vra wat die waarde en invloed van sulke dokumente is as basiese kennis, wat nodig is om hierdie dokumente betekenisvol te interpreteer, nie eerste oorgedra word nie. Dit het ook gelyk asof Waldorf-onderwysers beter met kurrikulumverwante sake, soos die sosiale konstruering van 'n kurrikulum, omgaan weens hul goeie opleiding betreffende Antroposofie, die filosofie wat Waldorf-onderwys onderlê. Opvoeders in uitkomsgebaseerde onderwys se opleiding in die teorie, filosofie en metodologie van die onderwysmodel, wat beïnvloed is deur die haastige implementering van die nuwe model in staatskole, kan bevraagteken word. Laasgenoemde aspek blyk onsekerhede te veroorsaak wanneer hierdie onderwysers kurrikulumverwante sake, soos die sosiale konstruering van 'n kurrikulum, moet hanteer. Ná afloop van die studie is sekere aanbevelings en verwante voorbeelde gegee. Dit het onder meer die volgende ingesluit: dat dialoog na 'n wenslike fasiliteringstrategie lyk in die bevordering van leerders se begrip van hul regte, asook dié van andere; dat situasies waartydens menseregte-waardes toevallig aangespreek word omskep kan word in waardevolle onderrig-Ieerervaringe; dat menslike hulpbronne - insluitende leerders - gebruik kan word om menseregte-waardes oor te dra; en dat onderwysersopleiding (beide indiens en voordiens ) op die insluiting van menseregte-waardes en die bevordering van begrip vir die sosiale konstruering van 'n kurrikulum moet fokus. Die studie is afgesluit met die opmerking dat menseregte-waardes tot die herdefiniëring van waarde-opvoeding mag bydra, gegewe dat dit op gepaste teoretiese en filosofiese begrondinge gebaseer is, en dat diegene wat verantwoordelik gehou word vir die fasilitering van sulke waardes, die nodige ondersteuning in dié verband sal kry.

APA, Harvard, Vancouver, ISO, and other styles

24

McKenzie, Judith Anne. "Constructing the intellectually disabled person as a subject of education: a discourse analysis using Q-methodology." Thesis, Rhodes University, 2009. http://hdl.handle.net/10962/d1002526.

Full text

Abstract:

The education of intellectually disabled (ID) people is constructed within mass education systems as a problem requiring specialised intervention, separation from “normal” school contexts and the application of professional expertise. A social model of disability resists these practices from a human rights perspective and underpins an inclusive education approach. In this study, a post-structuralist disability studies theoretical framework, drawing particularly on the work of Foucault, was used to examine discourses that construct the intellectually disabled person as a subject of education. The study was conducted in Buffalo City, South Africa at a time when an inclusive education policy is being implemented in the country. The research questions were: What discourses are deployed in the representation and educational practices of those identified as ID? What are the effects of these discourses in constructing the ID subject and associated educational practice? The study utilises Q-methodology, a factor analytic method that yields whole patterns of responses for analysis. A process of sorting selected statements along the dimension of agree to disagree was completed by three groups of participants, namely adults with ID, parents of people with ID and professionals working with ID. Discourses of representation and of educational practice were identified through statistical and interpretive analysis, following the discourse analysis school of Q-methodology. The findings of this study reveal the operation of power in a medico-psychological gaze that makes ID visible and supervises disability expertise within education. Representations of ID suffused with religious notions support the exercise of pastoral power by disability experts. Human rights discourses in education can marginalise ID people if applied uncritically. Fixed notions of impairment constrain an intellectually disabled subject who is vulnerable and incompetent. This study argues instead for a theory of (poss)ability, underpinned by an understanding of the situational and shared nature of competence and a fluid conception of impairment. Human rights should be supplemented by an ethics of care and belonging in the community (ubuntu). A research agenda supporting this effort would examine the ways in which ID people work on themselves as subjects (subjectivisation) and explore the potential for resistance in this process.

APA, Harvard, Vancouver, ISO, and other styles

25

Murungi, Lucyline Nkatha. "The significance of article 24(2) of the UN Convention on the Rights of Persons with Disabilities for the right to primary education of children with disabilities: a comparative study of Kenya and South Africa." Thesis, University of the Western Cape, 2013. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8452_1382534032.

Full text

Abstract:

The UN Convention on the Rights of Persons with Disabilities (CRPD) is the latest human rights treaty at the UN level. The process leading to the adoption called attention to the plight of persons with disabilities, and redefined approaches to issues of disability. Fundamentally, the CRPD embodies a paradigm shift in thinking about disability. It embraces the social model of disability, in terms of which disability is a function of the interaction between a person with impairment and his or her environment as opposed to an inherent limitation of functioning. The social model is, in turn, anchored in a human rights approach to disability. No doubt, the adoption of the CRPD triggered immense optimism for the realization of the rights of persons with disabilities. One of the rights recognised under the CRPD is the right to education. Article 24(1) of the CRPD recognises the right of persons with disabilities to education and sets out the aims of such education. Article 24(2) sets out a number of principles to guide the implementation of the right. These include: non-exclusion from the general education system including non-exclusion of children with disabilities from free and compulsory primary education
access to inclusive quality and free primary education on an equal basis with other children in the communities in which children with disabilities live
reasonable accommodation of a student&rsquo
s needs
provision of support necessary to facilitate effective education
and provision of individualised support measures in environments that maximise academic and social development of the students with disabilities. It is generally accepted that the right to education is one of the most essential rights, particularly in light of its empowerment function that helps to facilitate the exercise of other rights. The primary level of education has particularly attained global recognition and priority in resource allocation and implementation. Primary education contributes significantly to the maximum development of the full human potential of children. There are therefore differentiated obligations for the right to primary education in international human rights. Nevertheless, there are still significant barriers to access to primary education, particularly in the African region. While children with disabilities have been excluded from education for a long time the world over, their exclusion in the African context is particularly endemic. The core purpose of this thesis is to determine how article 24(2) of the CRPD affects or is likely to affect primary education of children with disabilities, particularly in the context of developing countries. The focus of the enquiry is mainly the law and policy in this regard. The subject spans three main spheres of rights: children&rsquo
s rights, socioeconomic rights (particularly the right to education), and finally disability rights. Children&rsquo
s rights, especially since the adoption of the Convention on the Rights of the Child (CRC), are generally accepted. The right to education also has a long standing history, and whereas debate regarding the appropriate approaches to its implementation still abides, there is apparent normative and jurisprudential consensus on some aspects thereof, particularly at the primary education level. It is essential to determine the relational framework of these spheres with the disability rights established under the CRPD. The thesis finds that the CRPD does in fact redefine the parameters of the right to education as previously understood in international human rights instruments. Particularly, the expanded aims of education under article 24 call for education systems that recognise non-academic learning, such as the development of the talents or creativity of the learner. This provision is particularly significant to the child with disabilities. Also, while not establishing an entirely new right, the principles under article 24(2) establish actionable sub-entitlements that enhance the justiciability right to education for children with disabilities. However, it is apparent from the comparative studies that it is the implementation of these provisions that presents the greatest challenge for the realisation of primary education for children with disabilities. This suggests that whereas norm creation as under the CRPD may have the value of triggering and sustaining discourse on appropriate responses in the context of the education of children with disabilities, it is the translation of these norms into practical action points that is the determining factor for realization of the right.

APA, Harvard, Vancouver, ISO, and other styles

26

Adewumi, Toyin Mary. "The implementation of inclusion policy for learners with special education needs in primary schools in Fort beafort district :Towards a rights based approach to education." Thesis, University of Fort Hare, 2014. http://hdl.handle.net/10353/5873.

Full text

Abstract:

The implementation of inclusion policy for learners with special education needs as stipulated in the Education White Paper 2001has been an issue of concern for South African schools. This study sheds light on the implementation of inclusion policy for learners with special education needs in the selected primary schools in the Fort Beaufort District in the Eastern Cape Province in South Africa. The aim of the study is to examine the implementation of inclusion policy for learners with special education needs. The study was placed within the post-positivism paradigm and used a mixed method research approach that integrated concurrent procedures in the collection, analysis and interpretation of the data. Questionnaires were used to collect quantitative data while qualitative data were collected through interviews, and document analysis. A total number of 30 teachers completed the questionnaires. The researcher conducted interviews with ten principals and eight teachers. She also held interviews with four education district officials and one provincial official. Data were analysed by statistical and non-statistical procedures. The study revealed that the inclusion policy is being implemented in the selected schools. However, there are challenges that are being encountered. Firstly, some teachers have not received adequate training with regards to inclusive education policy. Staff development workshops put in place to address this challenge are minimal, and there is not enough joint effort being established by the different stakeholders with regards to support and monitoring the implementation process. Despite the challenges that accompany implementation of inclusion of learners with special education needs, as well as the difficult working conditions, this study reveals that there are pockets of good practice of inclusion policy in some of the selected schools in the Fort Beaufort District. For instance, it was found that teachers implement inclusion of learners with special education needs, even though the majority of them do not have qualifications in special education. It was also revealed that teachers used learner-centred teaching methods to accommodate all learners, which include group and individual teaching, group demonstration, discussions, question-and-answer sessions, and practical activities.

APA, Harvard, Vancouver, ISO, and other styles

27

Buckland, Stephanie Helen. "Lost in transition : the barriers to educational access for school-age Zimbabwe migrant children in South Africa and the influences of institutional and social networks on overcoming them." Thesis, University of Sussex, 2011. http://sro.sussex.ac.uk/id/eprint/7522/.

Full text

Abstract:

This thesis aims to deepen our understanding of the barriers that migrant children face in accessing quality education in their host country. It has identified gaps in the research on education of cross-border migrant children in a setting which promotes integration into the host community, and which does not use camps. The research is based in a small border town in northern South Africa and focuses on the recent influx of Zimbabwean migrants into South Africa as a result of political crisis and economic collapse in their homeland. This community was chosen because it is believed to be illustrative of the broader problems faced by cross-border migrant children. The thesis is structured around three central questions, focusing on (i) understanding who these migrant children are and their reasons for migration, (ii) the barriers they face in accessing quality basic education and (iii) the social and institutional networks that influence these children and the role the networks play in overcoming these barriers. The research examines the role of the state and the international community in the provision of support for this marginalised group. It further assesses the influence of social and institutional networks on migrants and the tactics they employ to overcome the barriers to educational success. The study used both quantitative and qualitative research methods, with the majority of data collected through an in-depth survey of 100 migrant children, between the ages of 6 and 17, and 35 parent/guardians. In addition, focus group discussions with teachers and interviews with 12 school principals were conducted. The views of members of the local Municipality involved with migrant children were also sought. The literature review revealed that, while there has been some research on barriers to education in camp settings, there is very limited research on educational access for migrant children integrating into host communities. This study has been able to contribute to this thin body of knowledge by demonstrating that as well as facing the traditional educational access barriers (lack of infrastructure, educational costs, enrolment requirements and social exclusion), integrating migrant children are faced with additional access barriers largely linked to their legal status (civil status, residence, status of guardians). The research identified the difficulties of obtaining the necessary legal status and some important shortcomings of the current migrant classification system. Getting the right documentation to obtain legal status often placed unreasonable burdens on the children and forced them into a catch 22 situation where they needed to return to their homeland to procure documents required for admission to school but doing so automatically invalidated the claims to refugee status. This particular study also highlighted the difficulty in classifying migrants who have fled from a country (Zimbabwe) that is not officially recognised as a conflict zone despite the characteristics of the Zimbabwean migrant situation being largely indistinguishable from classical conflict driven migration. The thesis concludes by recommending steps to change the definition and typology of migrants and points to the policy changes, with regard to support of migrant children that are required. The definitions should be changed to cater for the individual needs of the children so that legal and bureaucratic requirements do not present such an impediment to education. The thesis identified the large role of both the social and institutional networks of the migrant children in overcoming access barriers. This points to an area of valuable further research, which could provide a foundation for better policy development and implementation strategies that recognise the social and institutional dynamics that influence the decisions and choices made by migrant children and their parents.

APA, Harvard, Vancouver, ISO, and other styles

28

Chofor, Che Christian-Aime. "Educational opportunities for the girl child in Africa : a necessary revisit of the discrimination factor with reference to Egypt, South Africa and Cameroon." Diss., University of Pretoria, 2003. http://hdl.handle.net/2263/985.

Full text

Abstract:

"This paper is therefore inspired to look at education with respect to girl children in Africa. This paper, by drawing inspriation from other settings, is also motivated by the need to find solutions on how best the rights of the girl child can be protected in conjuction with the educational policy of African countries. ... The study is divided into six chapters. Chapter one provides the context in which the study is set, the objectives of the study and its importance. Chapter two examines the importance of the right to education and in education and takes note of the issue of discrimination with respect to girl child education in Africa. In chapter three various international treaties that concern provisions on education and the discrimination factor as to gender are identified. Also in the international milieu, the role of international bodies in the effective and efficient insurance of girl child education is included. Chapter four examines on a regional level, the extent to which the African Commission has effectively monitored the provision of the African Chater. The African Children's Charter and the Draft Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women (the Draft Women's Protocol) in Africa are also discussed in relation to provisions in the African Charter and work done on girl child education by the African Commission. In this chapter, a comparative study is also done of instruments and the implementation mechanisms offered by the Inter-American and European systems to the African human rights system in terms of the girl child education. This is so because in terms of experience, jurisprudence and institutions, these systems are considered to be more advanced than the African human rights sytem. Finally chapter five discusses girl child education on a national level in Africa. This chapter focuses on the experiences of South Africa, Egypt and Cameroon. Educational policy and other national legislative instruments such as the constitutions of these countries are included. In the conclusion, the paper puts forward recommendations to assist new and old African democracies in advancing an administrative and political approach to the issue of discrimination with respect to girl child education." -- Chapter 1.
Prepared under the supervision of Dr. Enid Hill at the Department of Political Sciences, School of Humanities and Social Sciences, The American University in Cairo, Egypt
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM

APA, Harvard, Vancouver, ISO, and other styles

29

Mochwanaesi, Moagiemang Desmond. "Educational provision for the Griquas in South Africa / Moagiemang Desmond Mochwanaesi." Thesis, Potchefstroom University for Christian Higher Education, 2001. http://hdl.handle.net/10394/9564.

Full text

Abstract:

The purpose of this study was to plan the provision of education for the Griquas in South Africa within the context of the educational rights of minority groups. Its main focus was on how to make the education system in South Africa more responsive to the histories, heritages, life experiences and cultural conditioning of the Griquas as a minority group in all its policymaking, programme planning and instructional practices. International trends have shown that the rights of minority groups have been described in different treaties and conventions of international organisations such as the United Nations (UN), the European Community (EC) and the United Nations Education, Scientific and Cultural Organisation (UNESCO). These rights focused on two main issues, namely the right to own identity and the right not to be discriminated against. In order to implement the above acknowledged rights (which include the educational rights) of minority groups, several countries have implemented specific measures in their respective education systems, thereby serving the particular religious and/or cultural needs of minority groups in their countries. In nation-states across the world a situation has developed that, while the world is experiencing globalisation of, for example, trade and communication, the area of control and power is being questioned by groups on a regional level. It is primarily minority groups, defined by their ethnic or cultural distinctiveness, in the relevant nation states, that are seeking to obtain more direct control over their own affairs. Experience has furthermore shown that national unity is not endangered by the recognition of the rights of minority groups but is promoted if the rights of minorities are recognised in a country. In the educational arena it has become clear that the focus of education should be to equip each learner with the required knowledge, skills and attitudes to effectively fulfil his/her different roles in life. With regard to the issue of the relationship between the minority group and the educational institution, the trend has been to focus on specific educational institutions in order to provide in the minority groups' educational needs. The characteristics and culture of a particular educational institution should be acceptable to the minority group to ensure that the particular minority group takes ownership of it. In the light of the above information the educational needs of the Griquas, as a case study, were determined by using the focus group discussion as a technique according to the qualitative research method. The results ofthe focus groups were then compared with the findings of the literature study. In order to make the necessary adjustments, the method of strategic educational planning was used in order to provide in the educational needs of the Griquas. The following trends emerged, amongst others: universal primary education, a diversified high school curriculum with emphasis on science, technology and agriculture, local control of education by the Griquas and special arrangements and/or alternatives for schooling.
Thesis (Ph.D.)--Potchefstroom University for Christian Higher Education, 2001

APA, Harvard, Vancouver, ISO, and other styles

30

Gamede, Thobekile. "The biography of "access" as an expression of human rights in South African education policies." Thesis, Pretoria : [s.n.], 2005. http://upetd.up.ac.za/thesis/available/etd-03302005-115949.

Full text

APA, Harvard, Vancouver, ISO, and other styles

31

Mosola, Sehlotsa Innocentia. "Implementating employment equity in the Department of Home Affairs, Transport and Education, Eastern Cape Province." Thesis, University of Fort Hare, 2009. http://hdl.handle.net/10353/218.

Full text

Abstract:

This research was undertaken to investigate the challenges faced by employees at the Home Affairs Department, the transport Department and the Department of Education at King Williams Town in the Eastern Cape Province. A quantitative approach was used in this research. The sample consisted of 100 respondents of whom 98 returned completed questionnaires. The answers of the respondents were the data of this study and these were analyzed and interpreted in respect of the hypotheses of the research. The research involved the collection of detailed career, personal and structural perceptions of 98 employees. The data was used to establish the disparity among employees, from lower management to top management. It was found that even though there was a problem of discrimination in the olden days there has been a change in the sense that employment equity, affirmative action and diversity management have been introduced since 1994.

APA, Harvard, Vancouver, ISO, and other styles

32

Howard, Kepe Mzukisi. "Perceptions of learners and teachers on the alternatives to the alternatives to corporal punishment: a case study of two high schools in King William’s Town Education District in the Eastern Cape." Thesis, University of Fort Hare, 2014. http://hdl.handle.net/10353/d1019741.

Full text

Abstract:

The purpose of the study was to examine the perceptions of learners and teachers on the alternatives to ‘Alternatives to Corporal Punishment’ (ATPC) in particular and discipline generally in the King William’s Town Education District in two high schools. The study ascended as a result of the decline of learner’s discipline in high schools. This study is located in the interpretive paradigm and adopted a qualitative research approach using questionnaires, interviews focus groups and field notes in the collection of data. The Data revealed that schools were using different strategies to maintain learner’s discipline such as Code of Conduct, Disciplinary hearing, Safety and Security Committee, Educators, Corporal Punishment, Alternative methods to Corporal Punishment and the role of parents. It further revealed that the Department of Education is not supportive in the maintenance of discipline in the schools under study in King William’s Town District. The conclusion that was arrived at was that all the stakeholders should agree upon and be acquainted with the Code of Conduct and rules that are guiding the schools. The study came up with the proposal that learners should know the consequences of transgressing the Code of Conduct. To address disciplinary problems, the study came up with the key recommendation that all stakeholders must have ownership and to work as a team in the implementation of those policies.

APA, Harvard, Vancouver, ISO, and other styles

33

Du, Preez Petro. "Dialogue as facilitation strategy : infusing the classroom with a culture of human rights." Thesis, Stellenbosch : Stellenbosch University, 2008. http://hdl.handle.net/10019.1/19516.

Full text

Abstract:

Thesis(PhD)--Stellenbosch University, 2008.
ENGLISH ABSTRACT: In this dissertation the proposals made by the Department of Education towards the infusion of a culture of human rights and using dialogue as a facilitation strategy are problematised. It is argued that the lack of professional development programmes to assist educators in dealing with these proposals is one of the reasons why the infusion of a culture of human rights and dialogue as a facilitation strategy have not transpired as desired. Another apparent reason for the non-realisation of these ideals is that the classroom is not generally seen as an ethical community that has the propensity to anthropomorphise the ideal of infusing a culture of human rights through dialogue. The main focus of this enquiry was therefore to propose a normative theory of dialogue as a facilitation strategy as constitutive to the infusion of a culture of human rights in the context of an ethical community, aiming towards applying this theory in the form of an intervention research programme for selected in-service educators in the Mafikeng/Mmabatho area. The application assisted in determining the viability of the programme, specifically in terms of its theoretical underpinning, and the possibility of further developing it for the purpose of professional development of in-service educators beyond the scope of this target group. The theoretical underpinning of the intervention research programme consisted of a normative theory of dialogue as facilitation strategy characterised by: providing a dialogic stimulus, allowing for moments of deconstruction, critique and reconstruction, and finishing with debriefing and reflection. With regard to the human rights components, the focus was more on the infusion of a culture of human rights on a moral level than on an epistemological level. The intervention research process revealed how diverse groups of educator-participants responded to the intervention research programme. In addition, the research process demonstrated how and why the intervention research process could serve as a possible methodological framework for the design and development of professional development that is inclusive to a variety of education stakeholders. From this study it seems that the participating educators approved of and assimilated the intervention research programme and its underlying theory, albeit in different stages of the research process and with different concerns in mind. The work presented in this dissertation contributes firstly to a refined understanding of dialogue as a facilitation strategy in the South African context and secondly to an understanding of the frequently used notion of infusing the classroom with a culture of human rights in terms of its moral significance. Finally, it also focuses on and addresses the challenge of educator development and the organisation of facilitation strategies that are required to prevent human rights from being assimilated in inept educational paradigms.
AFRIKAANSE OPSOMMING: Hierdie proefskrif poog om die voorstelle van die Departement van Onderwys rakende die infusie van ŉ kultuur van menseregte in die klaskamer en die gebruik van dialoog as fasiliteringstrategie te bevraagteken. Daar is geargumenteer dat die tekort aan professionele ontwikkelingsprogramme ter ondersteuning van onderwysers om hierdie voorstelle te implementeer een van die redes is waarom die infusie van ŉ kultuur van menseregte in die klaskamer en die gebruik van dialoog as fasiliteringstrategie nie tot sy reg kom nie. Die feit dat die klaskamer meestal nie gesien word as ŉ etiese gemeenskap wat oor die potensiaal beskik om die ideaal van die infusie van ŉ kultuur van menseregte in die klaskamer en die gebruik van dialoog as fasiliteringstrategie te verwesenlik nie, is nog ’n rede waarom hierdie voorstelle oënskynlik geen effek het nie. Die hooffokus van hierdie ondersoek was dus om ŉ normatiewe teorie ter ondersteuning van dialoog as fasiliteringstrategie wat bevorderlik is vir die infusie van ŉ kultuur van menseregte in die konteks van ’n etiese gemeenskap te ontwikkel. Hierdie teorie is toegepas in die konteks van ’n intervensie-navorsingsprogram vir geselekteerde indiens-onderwysers in die Mafikeng/ Mmabatho-omgewing. Die toepassing het gehelp om vas te stel wat die praktiese waarde van die program is, veral ten opsigte van die program se teoretiese onderbou. Die moontlikheid om die program verder te ontwikkel as ’n professionele ontwikkelingsprogram vir indiens-onderwysers buite die bereik van die studie, is sodoende ook ondersoek. Die teoretiese onderbou van die intervensie-navorsingsprogram het bestaan uit ŉ normatiewe teorie van dialoog as fasiliteringstrategie wat gekenmerk word deur ’n dialogiese stimulus, wat ruimte laat vir oomblikke soos dekonstruksie, kritiek en rekonstruksie, asook vir ontlonting en refleksie. Met betrekking tot die menseregtekomponent, was die fokus meer op die morele infusie van ŉ menseregtekultuur as op die epistemologiese infusie daarvan. Die intervensie-navorsingsproses het openbaar hoe diverse onderwyser-deelnemers op die intervensie-navorsingsprogram reageer. Die navorsingsproses het ook gewys hoe en waarom intervensie-navorsingsprosesse kan dien as ŉ moontlike metodologiese raamwerk vir die ontwerp en ontwikkeling van professionele ontwikkelingsprogramme wat ŉ verskeidenheid van onderwysbelanghebbendes in ag neem. Van die resultate kon daar afgelei word dat die deelnemende onderwysers die intervensie-navorsingsprogram en onderliggende teorie goedgekeur en geassimileer het. Dit was egter duidelik dat elke groep deelnemers die program verskillend geassimileer het en dat hul verskillende probleemareas ervaar het. Die werk wat in hierdie proefskrif weergegee word het eerstens ŉ bydrae gemaak tot die begrip van dialoog as fasiliteringstrategie in die Suid-Afrikaanse konteks, en tweedens tot die verstaan van die idee rakende die infusie van ’n menseregtekultuur in die klaskamer waarna telkens verwys word. Laastens het dit ook gefokus op die uitdaging van onderwyserontwikkeling en die organisering van fasiliteringstrategieë wat benodig word om te verhoed dat menseregte geassimileer word in paradigmas wat onvanpas is vir die onderwys.

APA, Harvard, Vancouver, ISO, and other styles

34

Figone, Kelsey E. "The Hegemony of English in South African Education." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/scripps_theses/43.

Full text

Abstract:

The South African Constitution recognizes 11 official languages and protects an individual’s right to use their mother-tongue freely. Despite this recognition, the majority of South African schools use English as the language of learning and teaching (LOLT). Learning in English is a struggle for many students who speak indigenous African languages, rather than English, as a mother-tongue, and the educational system is failing its students. This perpetuates inequality between different South African communities in a way that has roots in the divisions of South Africa’s past. An examination of the power of language and South Africa’s experience with colonialism and apartheid provides a context for these events, and helps clarify why inequality and division persist in the new “rainbow nation.” Mending these divisions and protecting human dignity will require a reevaluation of the purpose of education and the capabilities of South African citizens.

APA, Harvard, Vancouver, ISO, and other styles

35

Ogle, Zimbini. "The coping orientation and self-esteem of black learners enrolled in under-resourced schools in the Nelson Mandela Metropole." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1012591.

Full text

Abstract:

It is common knowledge that the delivery of a high quality, well-resourced educational service to learners enrolled in state schools in the Eastern Cape has ground to a halt and this lack of service delivery has now become a pervasive problem. South African education has to a large extent failed to meet the needs of Black learners. Schools, like other contexts of childhood and adolescence are intimate places where youths construct identities, build a sense of self, read how society views them, develop the capacity to sustain relations and forge the skills to initiate change. These are the contexts where youth grow or shrink. Buildings in disrepair are not, therefore, merely a distraction; they are identity producing and selfdefining. There has been much debate on the topic of self-esteem and its relationship to school performance and academic achievement. Previous studies have highlighted that selfesteem and resilience do play a role in academic achievement. Despite the many challenges facing learners in under-resourced schools, many learners have overcome such challenges and achieved academic success. This study aimed to explore and describe the coping orientation and self-esteem of Black learners enrolled in under-resourced state schools in the Nelson Mandela Metropole. An exploratory, descriptive survey design was employed and eighty-five research participants completed the Orientation to Life Questionnaire 29 Item (OLQ 29 Item), Battle‟s Culture Free Self-Esteem Inventory Form AD (CFSEI Form AD) and a biographical questionnaire. Key findings revealed fairly high mean scores on the OLQ 29 Item and low total self-esteem scores. The General, Social and Personal self-esteem of the learners were found to be average. The results also revealed that learners with a high sense of coherence are likely to have high self-esteem; hence high sense of coherence is better explained by high self-esteem and low sense of coherence is better explained by low selfesteem.

APA, Harvard, Vancouver, ISO, and other styles

36

Fredericks, Izak Nicolaas Andreas. "The protection of languages and of language rights in the South African constitution." University of the Western cape, 2011. http://hdl.handle.net/11394/5401.

Full text

Abstract:

Doctor Legum - LLD
The 1996 South African Constitution contains a number of provisions that deal specifically with the protection of languages and of rights relating to language. The most important of these is section 6 which recognises 11 languages as official languages. This recognition is in line with recent developments in international law where common standards in relation to the protection of minority languages are in the process of being developed. The recognition of multilingualism as well as its implementation is thus becoming an obligation resting on all states, including South Africa. International law shows that persons belonging to linguistic minorities are entitled not only to protection against discrimination based on the language they speak, that is, formal equality, but also to positive state action in order to ensure their substantive equality. International law furthermore prescribes that where protection is given to minority languages, the principle of proportionality must guide states, and that legislation needs to be sufficiently detailed in bringing about such protection. The present thesis has as its main aims the interpretation of the provisions of the 1996 Constitution, in accordance with the above-mentioned international standards and the evaluation of the extent to which South African has complied with its constitutional obligations. The thesis in addition makes proposals in relation to what needs to be done to comply with such obligations. This is done in respect of the three levels of government - national, provincial and local - as well as the three state branches - the legislature, the executive and the judiciary. In addition, the implementation of the constitutional requirements in the educational sector is analysed.The thesis shows that a number of steps have thus far been taken in the process of giving effect to the relevant provisions of the Constitution. This includes the adoption of language policies on the national, provincial and local levels, as well as the enactment of language legislation in some provinces. In many provinces as well as municipalities, little effort has however been made to comply with these constitutional obligations. On the national level, much likewise still remains to be done in this regard. The current South African Languages Bill (2011) only caters for the activities of the national government, and does so in a way which conflicts with international norms. The Bill does not deal with parliament or the courts, and much uncertainty remains about the way in which the Constitution is to be given effect to in relation to these state branches. In relation to education, the issue of single-medium schools has been controversial, but has now been resolved by the Constitutional Court. Commendable policies have furthermore been adopted to provide for mother-tongue education, but it appears that English is slowly becoming the dominant language in education, at the expense of mother-tongue instruction.

APA, Harvard, Vancouver, ISO, and other styles

37

Mankazana, Sobantu Vincent. "Investigation into the implementation of the childrens act no 38 of 2005 in mainstream schools in the Fort Beaufort education district." Thesis, University of Fort Hare, 2012. http://hdl.handle.net/10353/502.

Full text

Abstract:

In this study the focus is on the implementation of the Children’s Act in mainstream schools. The Children’s Act mandates that all children who are in need of care both in school and out of school should be taken care of and be protected. However, they are often not afforded the full opportunity to enjoy the benefits of this Act. This is due to various factors that hinder the process of its implementation in mainstream schools. The main emphasis of this study is on the factors that hinder the implementation of the Children’s Act. The aim of the Children’s Act is to look after and provide services and support to children in need of care and protection. In order to provide such services and support to children, one needs to first identify such learners in need of care and their needs. Having done this, the support needed can be assessed and provided. This process is not easily achieved in mainstream schools. This study seeks to determine the factors that discourage the implementation process of the Children’s Act in mainstream schools. Data collection for this study included face to face interviews with teachers who are principals of schools and Life Orientation teachers, a social workers and school nurse. The data was used to analyze and interpret the challenges that hinder the implementation of the Children’s Act in mainstream schools. Among others, the study found that there is a lack of collaboration among stakeholders and coordination of service delivery. Poor parental involvement and commitment to parent involvement programmes was also evident. However, to a limited degree, there is interaction between the schools and relevant government departments. The study recommends that multidisciplinary teams should be formed whereby scarce resources can be shared. Various professionals should have the opportunity to come together toshare ideas and information. In order to encourage identification of learners in need of care, it is recommended that, the peer groups or peer educators be established and awareness campaign be conducted in schools. The study also recommends that developmental assessment programmes be conducted. Developmental assessment programmes will help gather information directly from learners or from an appropriate adult in the child’s life. They provide frameworks which can be used as guides for eliciting and analysing information.

APA, Harvard, Vancouver, ISO, and other styles

38

Du, Plessis Alida Anél. "Fulfilment of South Africa's constitutional environmental right in the local government sphere / by Anél du Plessis." Thesis, North-West University, 2008. http://hdl.handle.net/10394/2882.

Full text

Abstract:

Claims related to the environment increasingly permeate the domain of human and fundamental rights. It is widely accepted that a direct functional relationship exists between the pursuit of environmental aims generally, and the protection of environmental rights. By and large, this relation compelled 'the environment' to have become a prominent contemporary focus point in legal thought, discourse and adjudication. Since local government operates closer to citizens than any other level of government, it is obvious that it may be expected of it to also play an important role in the management and regulation of matters that affect the environment. In the main, this study questions the extent to which the South African legal framework facilitates local government progress in the decentralised fulfilment of the section 24 environmental right in the Constitution of the Republic of South Africa, 1996. Firstly, this thesis provides a theoretical literature review of a number of approaches to, categories of and different perspectives on environmental rights in general. As part of this review a number of generic elements is identified for the fulfilment of constitutional environmental provisions, generally. The literature review attends also to the notions of local environmental governance and 'local politics of pollution', amongst other concepts related to local government. Secondly, this thesis (by employing the comparative research method and by using the generic elements for fulfilment of constitutional environmental provisions as benchmarks) critically considers the Constitution or Basic Law of the Federal Republic of Germany, 1949 (Grundgesety and relevant developments in Germany with reference to the European context and a local government case study on the municipality of Heidelberg. It considers also the Constitution of Namibia of 1990 and relevant developments in Namibia with reference to the African and Southern African contexts and a case study on the Walvis Bay municipality. The South African position is subsequently analysed, first with a focus on section 24 of the Constitution of the Republic of South Africa, 1996, environmental law and related developments, then shifting the focus to the constitutional provisions on local government, local government law, related developments and the case of the Drakenstein Local Municipality. Thirdly, based on the lessons learned from and lacunae identified in all three of the countries considered, this study concludes with a set of recommendations for the South African context.
Thesis (LL.D.) -- North-West University, Potchefstroom Campus, 2009.

APA, Harvard, Vancouver, ISO, and other styles

39

Ndesi, Odwa. "Meeting obligations but failing hopes? An investigation into South Africa’s obligation to realise the Human right to sanitation in Rural schools." University of Western Cape, 2019. http://hdl.handle.net/11394/7585.

Full text

Abstract:

Magister Legum - LLM
In South Africa, notwithstanding 25 years into democracy, the constitutional commitment to socio-economic transformation of post-apartheid South Africa remains unfulfilled and unrealized by the vast majority of its people. The quality of education and access to adequate sanitation in South Africa are issues not exempt from the injustices of apartheid and its consequences of entrenched inequalities and differentiated access to socio-economic rights and privileges. Rural schools or townships have been characterized by unreliable access to water and unsafe pit latrines, or children practising open defecation. And tragically, there have been a series of loss of life due to children drowning in open pit toilets on school property.

APA, Harvard, Vancouver, ISO, and other styles

40

Stark, Katharina. "Still unequal? : The impact of social identities on girls’ access to sexual and reproductive health and rights in South Africa." Thesis, Uppsala universitet, Teologiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-265897.

Full text

Abstract:

Sexual and reproductive health and rights (SRHR) are human rights, thus they should be universally accessible. Young women and girls are often considered a disadvantaged group with low access to human rights. Various feminist scholars have highlighted gender inequality as the cause of this marginalisation. Intersectionality scholars instead argue the marginalisation of women to be more complex. The approach emphasises that oppressed women and girls are not only discriminated because of their gender but that the prevalence of intragroup discrimination hampers them from accessing their rights. This thesis aims to study if and how social identities, more specifically class and ethnicity, affect adolescent girls’ access to sexual and reproductive health and rights within the South African school realm. A case study is conducted on the south coast of KwaZulu-Natal, focusing on secondary- and high school teachers and on how the subject Life Orientation is implemented to create access to SRHR. Empirical results of the study indicate that class- and ethnic belonging impacts the access of female students to their rights in various ways. Monetary resources, information and knowledge influence social identities and access to SRHR in Life Orientation. As well as overall school conditions, including level of school violence and harassment. Finally, this thesis illustrates that privileged girls are also impeded from accessing their SRHR, due to the implementation of school fees. This system allows guardians to gain substantial influence and constrain school teachings of controversial topics.

APA, Harvard, Vancouver, ISO, and other styles

41

Noble, Nicole C. "Intercultural understanding in global education communities : tracing intercultural education in a pre-service teacher training program at the University of Stellenbosch." Thesis, Stellenbosch : University of Stellenbosch, 2005. http://hdl.handle.net/10019.1/3961.

Full text

Abstract:

Thesis (PhD (Education)--University of Stellenbosch, 2005.
334 leaves single sided printed, preliminary pages i-xiv and numbered pages 1-322. Includes bibliography, abbreviations and list of figures.
Scanned using a Hp Scanjet 8250 Scanner to pdf format (OCR).
ENGLISH ABSTRACT:The world is at a rapid pace being confronted with the need to shift national education policies that reflect basic human rights, with equity and fairness to the forefront. Along side of this herald are demonstrations of active mobilizations on the part of institutions of higher learning to "internationalize" their policies and programs to help to produce global citizens that effectively interact in international settings. As South Africa experiences changing scenes in educational reform government officials, practitioners, and educators face a number of challenges. Particularly, those related to cultural interactions when engaging in activities across the diaspora of school environments. Often these challenges serve as impediments to open communication, understanding and sensitivity amongst diverse cultural groups. As these impediments are faced in classrooms teachers increasingly find themselves at a deficit to adequately host learning environments conducive to its participants. Institutions of higher learning have a responsibility to provide the kind of intercultural dialog that entrenches policies and program curricula that speak to the needs of diverse communities, in particular those preparing future teachers. The research introduces the concept of global education communities to contribute towards shaping the kind of institutions that provide opportunities for students to practice, and become skilled in intercultural understanding. The research also raises serious discussion through the proposal of the elements of intercultural education towards contributive measures to address intercultural education, communication, and training. A case study of a four year pre-service general education training program (BEd GET) at the University Stellenbosch was conducted to trace and examine the presence of intercultural education. Data was collected by means of triangulated document analysis, interviews, and questionnaires. The research looked to a metaphoric analogy using Appreciative Inquiry, power with, and elements of intercultural education. The data was analyzed using qualitative strategies including classification and category construction, with imaginative variation and heuristic inquiry. The findings revealed that themes from intercultural education found expression or appearance in some aspects of the program outcomes, various module offerings, and teacher practice and approaches of the BEd GET curriculum. While the research also revealed that intercultural education does not appear to be a wholly attended pedagogy and practice in the GET program, the findings and interpretations revealed that intercultural education has numerous opportunities for expression and appearance to lay foundations for intercultural practice in theory. Another dimension of the research also revealed that students and lecturers collectively were not familiar with the concept of intercultural education, nor could a distinction between multicultural, and intercultural education be made. Furthermore, students' understandings and feelings reveal some resistance to themes in cultural diversity. The findings seem to reveal a need to incorporate strategies that raise intercultural consciousness. In view of the University of Stellenbosch's plan to internationalize, the findings present critical implications and recommendations toward incorporating intercultural pedagogy and practice into the methodological framework of the BEd General Education program. It finally poses future program and module development with respects to intercultural education and practice through the suggested use of the Hammer and Bennett's (1998, 2002) Intercultural Development Inventory (IDI).
AFRIKAANSE OPSOMMING: Die wereld word teen 'n versnelde tempo gekonfronteer met die noodsaaklikheid om nasionale onderwysbeleid wat menseregte, veral billikheid en regverdigheid, op die voorgrond stel. Saam met hierdie oproep is daar aanduidings van die mobilisering van institusies van hoer opvoeding om hu1le beleid en programme te "internasionaliseer" om burgers te vorm wat effektief met 'n globale wereld kan omgaan. Soos wat Suid-Afiika veranderende situasies ervaar in onderwyshervorming, word amptenare, praktisyns, opvoeders en ander betrokke in onderwysgemeenskappe gekonfronteer met 'n verskeidenheid uitdagings. Veral die verbonde aan kulturele interaksies betrokke by 'n diaspora van skoolomgewings. Die uitdagings dien dikwels as hindernisse vir oop kommunikasie, begrip en sensitiwiteit tussen verskillende kulturele groepe. In besonder wanneer hierdie hindernisse in klaskamers aangedurf word deur onderwysers wat meesal self 'n tekort aan voldoende leerervaring het om leeromgewings in belang van die deelnemers te fasiliteer. Hoeronderwys institusies het 'n verantwoordelikheid om beleid en programkurrikula te voorsien wat interkulturele dialoog verskans wat spreek tot die behoeftes van diverse gemeenskappe, veral die wat voornemende onderwysers voorberei. Die navorsing stel die konsep globale onderwysgemeenskappe voor om by te dra tot die vorming van institusies wat geleenthede skep vir studente om interkulturele begrip te oefen en vaardig daarin te word. Die navorsing stel elemente van interkulturele onderwys voor wat kan dien tot die bevordering van dialogiese betrokkenheid in interkulturele onderwys, kommunikasie en opleiding. 'n Gevallestudie van 'n vierjaar voordiens algemene onderwysprogram (BEd Algemeen) by die Universiteit van Stellenbosch was ondemeem vir spore van en om die voorkoms van interkulturele onderwys in oenskou te neem. Data is versamel deur middel van 'n getrianguleerde dokument analise, onderhoude en vraelyste. Die navorsing kyk na 'n metaforiese analogie waarin waarderende ondersoek, mag-met, en elemente van interkulturele onderwys gebruik is. Vir die analise van die data is kwalitatiewe strategiee gebruik, wat klassifikasie en kategorie konstruksie in kombinasie met verbeeldingsryke variasie en heuristiese ondersoek insluit. Die bevindings toon dat temas van interkulturele onderwys uitdrukking vind of verskyn in aspekte van die programuitkomste, verskillende module aanbiedings, en onderwys praktyke en benaderings van die BEd Algemeen kurrikulum. Terwyl ook bevind is dat interkulturele onderwys nie werklik in die pedagogie en praktyk van die program figureer nie, toon die interpretasie talle geleenthede om interkulturele praktyk te vestig en tot uitdrukking te bring. 'n Ander faset van die navorsing het getoon dat studente en lektore kollektief nie bekend is met die konsep van interkulturele onderwys nie, en dat dit nie onderskei kon word van multikulturele nie. Boonop, het studente se begrip en gevoelens 'n neiging tot verset teenoor temas van kulturele diversiteit getoon. Die bevindinge suggereer 'n behoefte aan die insluiting van strategiee om interkulturele bewussyn te verhoog. In die lig van die Universiteit van Stellenbosch se planne om te internasionaliseer, hou die bevindinge kritiese implikasies en aanbevelings in vir die inkorporasie van interkulturele pedagogie en praktyk in die metodologiese raamwerk van die BEd Algemeen-program. Dit stel die ontwikkeling van modules in interkulturele onderwys en praktyk voor deur die gebruik van Hammer en Bennett se (1998,2002) Intercultural Development Inventory (IDI).

APA, Harvard, Vancouver, ISO, and other styles

42

Seutlwadi, Lebogang. "Adolescents' knowledge about abortion and emergency contraception a survey study." Thesis, Rhodes University, 2012. http://hdl.handle.net/10962/d1002561.

Full text

Abstract:

Adolescents have become focal points of discussions and debates regarding sexuality and reproductive health matters. However, little research has been done particularly in South Africa to examine their knowledge concerning abortion and emergency contraception. Research indicates that a substantial proportion of adolescent pregnancies are unintended or unwanted. Abortion and emergency contraception are both time-sensitive services. Thus having accurate and comprehensive knowledge about both abortion and emergency contraception is pivotal, in the case of unintended or unwanted pregnancy or when engaging in unprotected sex or experiencing contraceptive failure that could lead to pregnancy. The 1994 International Conference on Population and Development (ICPD) defined reproductive health rights for both men and women as the right to "decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so" (p. 60). That is, men and women should "have the right to make decisions concerning their reproduction free of discrimination, violence and coercion" (ICPD, 1994, p.60). Based on these definitions, it is rather evident that comprehensive and accurate knowledge are at the core of one's ability to make an informed consent. This is confirmed by Adler's (1992, p. 289) definition of informed consent or choice "a) access to sufficient information b) understanding the information c) competence to evaluate potential consequences d) freedom to make a choice and e) the ability to make and express that choice". It is from this framework that this study emerged. The aim of this study was to examine adolescents' knowledge concerning abortion and emergency contraception. The participants were Grade 11 learners between the ages of 15-24 years from five different schools in the Buffalo City Municipality. A sample of 514 was achieved. Data were analysed using descriptive cross-tabulation, chi-square and qualitative methods where appropriate. The results revealed that most of the participants did not have sufficient accurate knowledge concerning the Choice on Termination of Pregnancy Act, consequences of legal abortion and emergency contraceptive pills to make informed decisions. Furthermore, data also revealed that the participants' schools playa role in their sexual activity, their knowledge about the Choice on Termination of Pregnancy Act and about emergency contraceptive pills. Although this method made it feasible for the researcher to make general assumptions, non-responses were one of the limitations of the study. Similar research in various municipalities/cities in and outside the Eastern Cape is recommended so as to increase further awareness concerning the level of knowledge that adolescents have about contraceptive pills particularly emergency contraceptive pills, the Choice on Termination of Pregnancy Act and abortion in general.

APA, Harvard, Vancouver, ISO, and other styles

43

Mavela, Xolani Shadrack. "A genre-theoretic analysis of human rights texts in Xhosa." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/52642.

Full text

Abstract:

Thesis (MA)--Stellenbosch University, 2002.
ENGLISH ABSTRACT: This thesis employs the theoretical framework of text construction advanced by Grabe and Kaplan (1996) for the analysis of human rights magazine texts in isiXhosa. The theory employed in this study includes linguistic elements, which can be included in teaching methodology for developing the learners' analytic skills in analyzing the discourse structure of written texts. These kinds of analytic skills are strongly reflected in Curriculum 2005 for the learning area languages. The thesis employs a range of textlinguistic strategies for analyzing written genre texts on human and civil rights issues. It is argued that the incorporation of these strategies by teachers in the process of language teaching in Curriculum 2005 will enable the learners to analyse texts successfully and to gain an awareness about how language is used in texts. For the purpose of analysis in this thesis, texts from the Bona magazine with contents ranging on human and community or civil rights were collected. The thesis demonstrates that text analysis involves to a large extent, an investigation of generic factors such as the communicative purpose, the culture and the community in which the text is produced. Following the discussion of the generic features of texts, a broad definition of the term text is explored, and the textlinguistic construction and certain levels of analysis are identified. In addition to this, the study demonstrates that analysis of the linguistic structure of texts needs to incorporate the discussion of the parameters of the ethnography of writing advanced by Grabe and Kaplan (1996). The ethnography of writing entails that a detailed analysis of texts should address the following questions: 'Who writes what to whom, for what purpose, why, when and how?' The study explores the implications and rationale for incorporating text analysis in language teaching and learning. Lastly, the relationship between the theoretical underpinnings assumed in this study, and the learning outcomes of Curriculum 2005 are explored. This study demonstrates that the theoretical framework of Grabe and Kaplan (1996) which underlies in the construction of written texts, will not only introduce the language learner to an inclusive language pedagogy, but can be employed for effective text analysis of isiXhosagenre texts on human rights in popular magazineslike Bona.
AFRIKAANSE OPSOMMING: Hierdie tesis maak gebruik van die teoretiese model van Grabe en Kaplan (1996) vir die analise van menseregte tydskrifartikels in isiXhosa. Die teorie wat aangewend word in die studie sluit linguistiese elemente in wat ingesluit kan word in taalonderrigmetodologie vir die ontwikkeling van leerders se analitiese vaardighede in die analise van diskoersstrukture van skriftelike tekste. Hierdie soort analitiese vaardighede word sterk gereflekteer in Kurrikulum 2005 vir die leerarea van tale. Die tesis wend 'n verskeidenheid tekslinguistiese strategieë aan vir die analise van geskrewe genre tekste oor menseregte en burgerlike regte vraagstukke. Daar word betoog in die studie dat die insluiting van hierdie strategieë deur onderwysers in die proses van taalonderrig in Kurrikulum 2005 leerders in staat sal stelom tekste suksesvol te ontleed en 'n bewussyn te kry van hoe taal in tekste gebruik word. Vir die doeleindes van analise is hierdie tesis is tekste gebruik uit die BONA tydskrif met 'n inhoud oor menseregte en gemeenskaps- en burgerlike regte. Die tesis demonstreer dat teksanalise in 'n groot mate 'n ondersoek behels van generiese faktore soos kommunikatiewe doelstelling, die kultuur en die gemeenskap waarin die teks geproduseer word. Na 'n bespreking van die generiese faktore van tekste word 'n breë definisie van die term "teks" ondersoek, en die tekslinguistiese konstruksie en bepaalde vlakke van analise word geïdentifiseer. Hierbenewens demonstreer die studie dat die linguistiese analise van tekste die bespreking moet insluit van die parameters van die etnografie van geskrewe tekste soos voorgestaan deur Grabe en Kaplan (1996). Die etnografie van geskrewe tekste behels dat die analise van tekste die volgende vrae ondersoek: Wie skryf wat vir wie vir watter doel, waarom, wanneer en hoe? Die studie ondersoek die implikasies en motivering vir die insluiting van teksanalise in taalonderrig. Laastens word die verhouding tussen die teoretiese grondslae, wat aanvaar word in hierdie studie, en die leeruitkomste van Kurrikulum 2005 ondersoek. Die studie toon aan dat die teoretiese raamwerk van Grabe en Kaplan (1996), wat onderliggend is aan die konstruksie van geskrewe tekste, kan aanvaar word om leerders in te lei in 'n meer inklusiewe taalonderrig en kan aangewend word vir effektiewe teksanalise van isiXhosa genre tekste gebaseer op die menseregte in populêre tydskrifte soos Bona.

APA, Harvard, Vancouver, ISO, and other styles

44

Mnguni, Vusi Aggrey. "Prisoners' right to health in South Africa." Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/60067.

Full text

Abstract:

People are not incarcerated voluntarily; they are placed in correctional centers by the state either as un-sentenced suspects in a crime awaiting their cases to be finalized or as sentenced offenders, sentenced by a court to incarceration. Because the prisoners are placed in these centers involuntarily, the state has a total and inescapable responsibility and duty to care for them in a manner that does not violate or compromise their constitutional rights. The right to health care or right to access to health care is one such right. The International Bill of Rights, together with a number of charters and treaties have set minimum standards that, when read together, articulate the right to health for prisoners and lay down a platform on which comprehensive international legal framework can be developed guaranteeing the right to health of all persons who are incarcerated and deprived of their liberty. This framework has also laid a perfect foundation from which the Constitution, particularly the Bill of Rights, of the Republic of South Africa was based. The Bill of Rights, Chapter 2 in the Constitution of the Republic of South Africa, contains several guarantees aimed at safeguarding the rights of those individuals detained by the State, whether they are sentenced prisoners or awaiting trial. The Correctional Services Act was promulgated in 2004 in creating a rights based framework for South African?s prison system. The Department of Correctional Services must provide, within its available resources, adequate healthcare services, based on the principles of primary health care, in order to allow every prisoner to lead a healthy life. Although the Department of Correctional Services is governed by a discrete piece of legislation in the form of Correctional Services Act, it does not have its own separate laws that govern health care, but have to be in line with what the National Health Act and the Constitution dictates. In terms of the Right to Healthcare and Medical Treatment, the Department of Correctional Services complies with all Department of Health policies and practices. The Constitution, together with legislation (DCS, NHA and regulations) have provisions that clearly entrench the protection of health related rights of prisoners. From the legal perspective, the Constitution and legislation have sufficient safeguards that promote the right to health care for prisoners. The court has also been equal to the task in enforcing these rights. It has to be noted, however, that whilst litigation has brought victory to individual complainants, these victories have often not translated into fundamental changes in reality situations on the ground. The disjuncture between what is in the law and what actually happens on the ground stems from challenges that can be solved internally by the Department of Correctional Services and others that outside the purview of the department.
Mini Dissertation (MPhil)--University of Pretoria, 2016.
Public Law
MPhil
Unrestricted

APA, Harvard, Vancouver, ISO, and other styles

45

Tarantal, Willem Benjamin. "The right of appeal: Exercising the right of appeal from the lower courts." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

Full text

Abstract:

This thesis dealt with the constitutionality of the provisions of the Criminal Procedure Amendment Act, 2003 (Act 42 of 2003), pertaining to the leave requirement and petition procedures in respect of appeals against conviction, sentence or orders of the lower courts.

APA, Harvard, Vancouver, ISO, and other styles

46

Holness, David Roy. "The constitutional right to food in South Africa." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/844.

Full text

Abstract:

This dissertation is a study of the ambit of the right to food as it is contained in the South African Bill of Rights and the steps needed to realise the right. Existing and potential food insecurity, hunger and malnutrition provide the social context for this research. The rationale for conducting the research is primarily two-fold. Firstly, the access to sufficient food is an indispensable right for everyone living in this country. Secondly, the right to food in South Africa has not been subject to extensive academic study to date. Socio-economic rights are fully justiciable rights in this country, equally worthy of protection as civil and political rights. Furthermore, socio-economic rights (like the right to food) are interdependent with civil and political rights: neither category can meaningful exist without realisation of the other. The right to sufficient food is found in section 27(1)(b) of the South African Constitution. Children have the additional right to basic nutrition in terms of section 28(1)(c). The right to sufficient food is subject to the internal limitation of section 27(2) that the state must take reasonable measures, within its available resources, to achieve the progressive realisation of the right. Furthermore, as with all rights in the Bill of Rights, both these rights are subject to the general limitations clause found in section 36. There is international law authority in various human rights instruments for the protection of the right to food and what the right entails. In accordance with section 39 of the Constitution, such international law must be considered when interpreting the right to food. It is argued that a generous and broad interpretation of food rights in the Constitution is called for. Existing legislation, state policies and programmes are analysed in order to gauge whether the state is adequately meeting its right to food obligations. Furthermore, the state’s food programmes must meet the just administrative action requirements of lawfulness, reasonableness and procedural fairness of section 33 of the Constitution and comply with the Promotion of Just Administrative Justice Act. The dissertation analyses the disparate and unco-ordinated food and law policies in existence, albeit that the National Food Security Draft Bill offers the hope of some improvement. Particular inadequacies highlighted in the state’s response to the country’s food challenges are a lack of any feeding schemes in high schools and insufficient food provision in emergency situations. Social assistance grants available in terms of the Social Assistance Act are considered due to their potential to make food available to grant recipients. On the one hand there is shown to be a lack of social assistance for unemployed people who do not qualify for any form of social grant. On the other hand, whilst presently underutilised and not always properly administered, social relief of distress grants are shown to have the potential to improve access to sufficient food for limited periods of time. Other suggested means of improving access to sufficient food are income generation strategies, the introduction of a basic income grant and the creation of food framework legislation. When people are denied their food rights, this research calls for creative judicial remedies as well as effective enforcement of such court orders. However, it is argued that education on what the right to food entails is a precondition for people to seek legal recourse to protect their right to food. Due to a lack of case authority on food itself, guidance is sought from the findings of South Africa’s Constitutional Court in analogous socio-economic rights challenges. Through this analysis this dissertation considers the way forward, either in terms of direct court action or via improved access to other rights which will improve food access.

APA, Harvard, Vancouver, ISO, and other styles

47

Oliphant, Lukhanyo Shane. "The right to engage in collective bargaining." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/19463.

Full text

Abstract:

The Labour Relations Act 66 of 1995 (LRA) was formulated by consensus from Government, Labour and Business. The advent of the new democratic dispensation brought with it the need to bring reforms to the country’s repressive labour laws, which were the hallmarks of the former apartheid regime. The new democratic dispensation’s priority was to ensure that the laws governing the employment relationship were again in line, with the International Labour Organization’s requirements (ILO). The consolidation of the country’s labour laws became critical for the new democratic dispensation because it became imperative that labour laws, once and for all became inclusive of all South Africa’s working force. During this post democratic period South Africa has been able to bring this consolidation to our regulatory framework through democratizing labour relations. This has meant that all organized workers for the first time after 1995, could have access to collective bargaining. South Africa has also enjoyed a period of relative labour stability during this period but only until recently, has the institution of collective bargaining been under the severest attack. This contestation in this labour regime is about the constitutional right to engage in collective bargaining. It has become of paramount importance to understand the meaning of this right to engage in collective bargaining, how far does this right extend to organized employees and most importantly what are now the impediments to the realization of this right? This is a broad and a very important topic in our labour law jurisprudence. The rationale for this treatise is to articulate the right to engage in collective bargaining, amid recent developments. At the same time to probe whether or not a justiciable duty to bargain in good faith (legally enforceable duty), should be reintroduced in our collective bargaining framework. This would be an option in reestablishing this institution in the face of insurmountable challenges, particularly as far as managing the conduct of bargaining parties during the collective bargaining process. The LRA does not envision such a legally enforceable duty to bargain in our labour relations framework, preferring rather apolicy based on voluntarism. The LRA has instead created a legally recognized framework were bargaining parties, determine their own collective process, without undue interference from the state and the courts. This has been the position since the inception of the new democratic order.Times have changed constitutional challenges have been mounting against provisions of the LRA, which have been deemed by some as unconstitutional. This is reference to the inaccessibility of the collective bargaining process; relating directly to the right to engage in collective bargaining.The disjuncture between the Constitution and the enabling legislation the LRA will also be scrutinized, as the result has been confusion regarding the meaning and the application of this constitutional right to engage in collective bargaining.

APA, Harvard, Vancouver, ISO, and other styles

48

De, Wet C. "The South African Human Rights Commission and human rights violations in education : an analysis of media reports." Journal for New Generation Sciences, Vol 10, Issue 1: Central University of Technology, Free State, Bloemfontein, 2012. http://hdl.handle.net/11462/596.

Full text

Abstract:

Published Article
This article examines how South African newspapers report on the activities of the South African Human Rights Commission (SAHRC) regarding human rights violations in South African schools over a five-year period (1 January 2005 to 31 December 2009). The overarching research question that guided this study is: Can the media play a role in cultivating and creating a particular view of human rights violations in schools and advocate policy change through their framing of the activities of the SAHRC? McManus and Dorfman's guidelines were used to analyse the structural and content frames of 161 articles that were retrieved from the SAMedia database. These news stories provide a glimpse on the wide variety of human rights violations the SAHRC investigated during the five-year period. The interrogation of the two dominant content frames, namely school violence and infringements on learners' rights to basic education, reveals newspapers' superficial and sensationalised coverage of human rights violations. The analysis exposes the media's lack of policy advocacy.

APA, Harvard, Vancouver, ISO, and other styles

49

Mavimbela, Uvusimuzi Johannes. "Learners' right to education and the role of the public school in assisting learners to realise this right." Diss., 2001. http://hdl.handle.net/10500/1038.

Full text

Abstract:

The history of South African education should not be swept under the carpet when contemporary matters on education are discussed. Public education was brought to life in order to perpetuate the ideals of separate education and apartheid. the school manager was essentially an extension of the ruling party. He or she had to inform his or her subordinates what the authorities demanded to be done in educational circles. The 1996 Constitution (Act 108 of 1996) effectively assured a democratic order which would guarantee the removal of Acts which were discriminatory in nature. The 1996 Constitution lay the foundation for a democratic and open society which has high regard for human rights, childrens' rights and in particular the right of learners to education. The public school must implement the stipulations of the Constitution and of the South African Schools Act (Act 84 of 1996) which aspire to be in line with international human rights documents like the 1948 Declaration of Human Rights and the 1989 Convention on the Rights of the Child. This study is essentially about learner's right to education and the role of the public school in assisting learners to realise this right. All considerations are based on the democratic constitutional dispensation in South Africa after 1994. The study finally illuminates the level of preparedness of the parent community in forming a partnership with the public school so that learners can be assisted in realsing their rights to education.
Educational Studies
M.Ed. (Education Management)

APA, Harvard, Vancouver, ISO, and other styles

50

Ndlala, Mangena William. "The senior education manager's legal right to professional development." Thesis, 2002. http://hdl.handle.net/2263/29187.

Full text

APA, Harvard, Vancouver, ISO, and other styles

Dissertations / Theses on the topic 'Right to education – South Africa'

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles