17 July 2017

South Africa: Lost in the System - a Young Girl's Right to Education

analysis

Despite the laws, systems and agents in place to develop, guide and protect the most vulnerable of children, there are many that fall victim to the state's inadequacies. By SHENIECE LINDERBOOM.

The constitutional right to basic education is unqualified and immediately realisable on the part of the state. It is a right which through progressive judgments, policies and regulations has begun to take substantive shape.

In practical terms the right to education includes the right of every learner to receive textbooks before the school curriculum commences, the right to be educated by qualified teachers and the right to receive education in a safe learning environment.

The right to basic education is an important empowerment right which has been reinforced by the Constitutional Courts in many a judgment, such as that of Governing Body of the Juma Musjid Primary School and others v Essay NO and others:

"Basic education is an important socio-economic right directed, among other things, at promoting and developing a child's personality, talents and mental and physical abilities to his or her fullest potential. Basic education also provides a foundation for a child's lifetime of learning and work opportunities."

Despite the laws, systems and agents in place to...

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