TOPIC: THE RIGHT OF ACCESS TO BASIC EDUCATION FOR
CHILDREN WITH DISABILITIES IN SOUTH AFRICA
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,SUMMARY
This research aims to show that Education is a fundamental human right. Education
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“contribute[s] to the full personal development of each learner, and to the moral, social,
cultural, political and economic development of the nation at large, including the
advancement of democracy, human rights and the peaceful resolution of disputes.” For
far too long, in all parts of the world, the most vulnerable members of society have been
excluded from schools. All children, regardless of their physical, intellectual, social,
emotional, linguistic or other conditions, including disabled and gifted children, street
and working children, children from remote or nomadic populations, children from
linguistic, ethnic or cultural minorities and children from other disadvantaged or
marginalized areas or groups, have the right to education.
This paper analyses the legislative framework governing the inclusive education system
in South Africa and exams of the status of the government‟s implementation of its
inclusive education plan. Although government policy statements have adopted
conflicting interpretations of the right, both South African courts and international bodies
have defined the right to an education as a mechanism that must meet the needs of a
learner. Despite South Africa‟s extensive legal and policy framework enabling the
creation of an inclusive education system, the Department of Basic Education has
floundered in its implementation.
This research is will be in an essay format where there will be an introduction to the
research problem; the historical background; the problem statement; the hypothesis; the
comparative analysis; the research methodology used; the body of the research which
will discuss in details the contents of the whole research and lastly the author‟s
recommendations and conclusion.
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Basic Education Laws Amendment Act 2011 (No. 25 of 2011), amending section 4(b) of the National Education
Policy Act of 1996
United Nations Convention on the Rights of the Child CRC
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