Rights-based analysis of basic education in South Africa

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Authors

Chirowamhangu, Raymond

Journal Title

Journal ISSN

Volume Title

Publisher

Faculty of Law, University of the Free State

Abstract

The right to basic education is a fundamental human right, the realisation of which is dependent on the holistic fulfillment of all educational needs. The study reflects on the interpretation of basic education by the South African legislation, supported by regional and international treaties and case law. The analysis is anchored on the rights-based approach, as prescribed by the Committee on the Rights of the Child, General Comment 13. The study adopts a qualitative methodology which outlines thematic education challenges faced by children in South Africa, especially in the rural areas. These issues include poor schooling infrastructure, lack of water and sanitation services, discrimination, inclusive education, and harmful cultural practices. Thus, considering the role of various stakeholders in promoting basic education, the study recommends that concerted efforts be made to enhance engagement with local communities and civil society, and advocates for effective accountability mechanisms on implementing education policies in South Africa

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Keywords

SDG-04: Quality education, SDG-10: Reduced inequalities, Right to basic education, Rights-based approach, Education challenges, Accountability mechanisms

Sustainable Development Goals

SDG-04:Quality Education
SDG-10:Reduces inequalities

Citation

Chirowamhangu, R. 2024, ‘Rights-based analysis of basic education in South Africa’, Journal for Juridical Science, vol. 49, no. 3, pp. 110-146, doi : 10.38140/jjs.v49i3.8955.