Interrogating the right to basic education of undocumented children in the context of the call for their exclusion from public schools in South Africa
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Date
Authors
Mutu, Perekeme
Journal Title
Journal ISSN
Volume Title
Publisher
Nelson Mandela University
Abstract
The right to basic education is recognised as a fundamental human right that is guaranteed to everyone, including undocumented children under international and domestic law. However, the question needs to be asked whether this right extends to undocumented children living in South Africa when, at the start of every academic calendar, tales of children being denied enrolment in public schools owing to a lack of required identification or birth certificates dominate the media space. Apparent legal contradictions, a lack of proper understanding of extant laws protecting the right to basic education, and a lack of effective cooperation among stakeholders in the education section have continued to affect access to basic education for undocumented children in South Africa. This article reflects on the right to basic education of undocumented children in the context of the legality of the lingering call for the exclusion of undocumented children from public schools in South Africa.
Description
Keywords
Right to basic education, Undocumented children, Illegal foreigners, SDG-04: Quality education, SDG-10: Reduced inequalities, SDG-16: Peace, justice and strong institutions, South Africa (SA)
Sustainable Development Goals
SDG-04:Quality Education
SDG-10:Reduces inequalities
SDG-16:Peace,justice and strong institutions
SDG-10:Reduces inequalities
SDG-16:Peace,justice and strong institutions
Citation
Mutu, P. 2024, 'Interrogating the right to basic education of undocumented children in the context of the call for their exclusion from public schools in South Africa' Obiter, vol. 45, no. 2, pp. 279-294, doi. 10.17159/obiter.v45i2.16179.