Orphans, vulnerable children and access to basic education with reference to the convention on the rights of the child : the case of Eastern Cape province, South Africa

Abstract

The study examines access to basic education for children, with a special focus on orphans and vulnerable children (OVC) in the Eastern Cape province, South Africa. Access to basic education, if practised effectively, supports the principle of the right to education as stated in Article (28)(a) of the Convention on the Right of the Child (CRC) and Section 29(1) of the Constitution of South Africa, which prescribe that basic education is compulsory for all children. The thesis shows that regional and international treaties; including the Article 11(3)(a) African Charter on the Rights and Welfare of the Child (ACRWC), Article 13 of the Covenant on Economic, Social and Cultural Rights (CESCR) and Article 24(2)(a) of the Convention on the Rights of Persons with Disabilities (CRPD), promote the right to basic education for all children.

This study, which was conducted at the peak of the Covid 19 pandemic, is based on findings obtained from non-governmental organisations (NGOs), primary schools, government institutions, and through online and telephonic interviews. The data was further analysed using data analysis software, Atlas.ti 9. The research embraces a rights-based approach to basic education; which advocates for access to basic education for all children, protects children from all forms of discrimination, and recognises the rights of children with special needs. This research explores the challenges faced by children exposed to children between 0 to 18 years, who lost either or both parents, and are made vulnerable due to poverty, discrimination, disability, domestic violence, HIV/AIDS and harmful cultural practices; such as Ukuthwala and illegal initiation practices, which are common in the Eastern Cape province. Access to basic education is restricted as a result of child marriages and sickness because of HIV/AIDS. The study reveals particular areas of concern in the basic education sector in the Eastern Cape province, which include: poor learning infrastructures, the existence of pit latrine toilets, lack of psychosocial support for OVCs, and discrimination.

The research demonstrates how the CRC finds expression at the domestic level in South Africa with regard to OVC access to basic education in the Eastern Cape province. The CRC, the state has an unequivocal role to play in respecting, protecting, and fulfilling the rights of all children including OVCs, but the research reveals that primary schools, Early Childhood Development (ECD) Centers, special schools, and NGOs in the Eastern Cape, especially in the rural areas, have received minimal support from the government. Moreover, there is lack of political will on improving access to basic education, coupled with poor management and chronic leadership instability have been a major hindrance on the right to basic education OVCs in this province. Consequently, this researcher recommends that a much more active stance be taken to advocate for the right to basic education of OVC, increased sensitization to children rights through the use of media to highlight the challenges in the rural communities in Eastern Cape province, and the creation of a conducive legal and political environment to promote the role of NGOs and grassroots community organisations in education projects and programmes to support OVC.