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RRLLB81
LEGAL RESEARCH METHODOLOGY
Assignment 2 MEMO
Semester 1 2022
Unique number: - 764108 DUE: 14 APRIL 2022
Includes Footnotes and/or Bibliography
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ASSIGNMENT 02
UNIQUE NUMBER: 764108
DUE DATE: 14 APRIL 2022
Public, Constitutional and International Law - TOPIC 1
THE RIGHT OF ACCESS TO BASIC EDUCATION FOR CHILDREN WITH DISABILITIES
Background
The Constitution of the Republic of South Africa, 1996 (the Constitution) guarantees all children the right to
basic education in section 29. Unlike other socio-economic rights such as health and housing, the right to basic
education is not qualified by the terms ‘progressive realisation’ or ‘available resources’, meaning that it should
be realised immediately. The Constitution is further supplemented by legislation and a number of policies
addressing the right to education of children with disabilities. For instance, section 12(4) of the South African
Schools Act 84 of 1996 obliges MECs in a province to ensure that education for learners with special needs be
provided. However, despite these provisions and the ratification of international treaties addressing the right
to education of children with disabilities such as the Convention on the Rights of Persons with Disabilities,
research shows that a number of children with disabilities are not receiving education and only a few attend
ordinary and special schools.
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,THE RIGHT OF ACCESS TO BASIC EDUCATION FOR CHILDREN WITH
DISABILITIES IN SOUTH AFRICA
BY
NAME
STUDENT NUMBER: ____________
Submitted in partial fulfillment of the requirements for the
degree LLB
In the
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRCIA
SUPERVISOR:
Professor____________
ASSIGNMENT 02 (UNIQUE NUMBER_______________)
2022
,DECLARATION
1. I understand what academic dishonesty entails and am aware of Unisa’s policies in this regard.
2. I declare that this assignment is my own, original work. Where I have used someone else’s
work, I have indicated this by using the prescribed style of referencing. Every contribution to,
and quotation in, this assignment from the work or works of other people has been referenced
according to the prescribed style.
3. I have not allowed, and will not allow, anyone to copy my work with the intention of passing it
off as his or her own work.
4. I did not make use of another student’s work and submit it as my own.
NAME:
SIGNATURE:
STUDENT NUMBER:
MODULE CODE: RRLLB81
DATE:
RESEARCH THEME SELECTED: RESEARCH THEME
Public, Constitutional and International Law
TOPIC 1
,SUMMARY
This research aims to show that Education is a fundamental human right. Education “contribute[s]1
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.
1Basic Education Laws Amendment Act 2011 (No. 25 of 2011), amending section 4(b) of the National Education Policy Act of
1996.
,KEY WORDS
Acceptability, accessibility, adaptability, availability, critical analysis, disabled children,
disability, discourse, education, framework, law, policy, South Africa, thematic content
analysis.
LIST OF ABREVIATIONS AND ACRONYMS
United Nations Convention on the Rights of the Child CRC
, TABLE OF CONTENTS
Declaration………………………………………………………………………………………... …….2
Summary…………………………………………………………………………………………...........3
Key words………………………………………………………………………………………………..3
List of Acronyms………………………………………………………………………………….. .……3
1.Introduction……………………………………………………………………………... ……….……6
2. Historical background……………………………………………………………………………..7-8
3. Problem statement……………………………………………………………………………………8
4. Hypothesis…………………………………………………………………………………………….9
5. Comparative Legislation ………………………..…………………………………………………..9
5.1 Introduction………………………………………………………………………………………….9
5.2 International Law…………………….……………………………………………………………..9
5.3 Foreign Law – United States…………………………………………………………………..9-10
5.4 Foreign Law – Canada ……………………………………………………………………….10-11
6. Description of research methodology……………………………………………………………..11
7. Body of Research……………………………………………………………..…………………….12
7.1 South Africa’s policy framework on inclusive education ……………………………………12-14
7.2 The Problem………..………………………………………….…………………………………..14
7.3 South African jurisprudence on inclusive education……………………………………….14-16
8. Conclusion…………………………………………………………………………………….…16-17
Bibliography…………………………………………………………………………………………….18
Marking rubric…………………………………………………………………………………………..19
