Covid-19 and the Violation of the Right to Basic Education of Learners with Disabilities in South Africa

An Examination of Centre for Child Law v Minister of Basic Education

Bibliographic Data

ID16766688
AuthorsSerges Djoyou Kamga (0000-0003-3583-055X, University of South Africa, corresponding author)
Year2021
Volume65
IssueS2
Pages347-360
Publication date2021-12-01
Open AccessYes
TypeARTICLE
VenueJournal of African Law (JOURNAL)
Journal identifiersISSN: 0221-8553 • E-ISSN: 1464-3731
PublisherCambridge University Press (PUBLISHER • US)
DOI10.1017/s0021855321000309
OpenAlexW3199805119
LanguageEN
Citations received1
References cited2

This article explores the extent to which the right to basic education of learners with disabilities in South Africa was guaranteed during the COVID-19 pandemic. It uses the Centre for Child Law v Minister of Basic Education ( Centre for Child Law ) as the main canvas for discussion. It argues that, notwithstanding its normative compliance with the international regime of the right to an inclusive basic education, the government has failed learners with disabilities during COVID-19. An examination of Centre for Child Law reveals that, not only did the government's directions for the phased return to school exclude learners with disabilities, they also required the closure of special schools where compliance with social distancing rules was impossible. This violated the right to inclusive education and substantive equality of learners with disabilities and highlighted the need to advance these rights through reasonable accommodation initiatives

Accommodation · Basic education · Closure (psychology) · Compliance (psychology) · Coronavirus disease 2019 (COVID-19) · Government (linguistics) · Normative · Pedagogy · Political science · Social distance · Sociology · Immigration Law and Human Rights · Law · Legal Issues in South Africa · Medicine · Psychology

Tools

Open DOIOpen Access