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According to Section 29(1) of the Constitution of the Republic of South Africa, 1996 everyone is entitled to and has the right to basic education. “Everyone” includes disabled learners. The international framework regarding the right to basic education and the accessibility of the infrastructure for physically disabled learners in public schools was examined to determine whether or not South Africa complies with the formalities and obligations prescribed and what the implications are, if the state does not comply. To reach the purpose of the above statement made there has to be determined which legislation is applicable to disabled learners and a definition needs to be provided for the term „physical disability‟ (Chapter 1). Secondly the core of the research question concealed in the above statement and its applicable articles will be discussed as seen in General Comment No. 13 of the International Covenant on the Economic, Social and Cultural Rights (Chapter 2). Thereafter international legislation will be discussed with the focus on basic education, disability, the accessibility of the infrastructure and the obligations placed on the state (Chapter 3 and 4). The focus will then be moved to the regional framework and the provision made with regards to the right to basic education and disability (Chapter 5). The relevant constitutional sections will then be investigated before reaching a conclusion. The sections that will be taken into account are sections 7, 9, 28, 29, 36, 39 and 233 of the Constitution of the Republic of South Africa, 1996. The purpose of the investigation of the constitutional sections is to determine what basic education entails and if there is a uniform definition thereof. A further purpose with the investigation of the constitutional provisions is to determine whether there is an infringement of disabled learners„ rights to equality and to basic education. Another purpose is to determine to which extent South African schools are accessible to disabled learners in the provision of infrastructure of school buildings as it is now and the obligation that rests on the state to adapt the infrastructure (Chapter 6). After the discussion of the above mentioned chapters a conclusion will be reached on to what extent the state complies with its constitutional and international obligations to realize disabled children„s right to basic education can be come to (Chapter 7). The inaccessibility of public school buildings in South Africa and disabled children„s need for basic education has led to the research question. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2015

According to Section 29(1) of the Constitution of the Republic of South Africa, 1996 everyone is entitled to and has the right to basic education. “Everyone” includes disabled learners. The international framework regarding the right to basic education and the accessibility of the infrastructure for physically disabled learners in public schools was examined to determine whether or not South Africa complies with the formalities and obligations prescribed and what the implications are, if the state does not comply. To reach the purpose of the above statement made there has to be determined which legislation is applicable to disabled learners and a definition needs to be provided for the term „physical disability‟ (Chapter 1). Secondly the core of the research question concealed in the above statement and its applicable articles will be discussed as seen in General Comment No. 13 of the International Covenant on the Economic, Social and Cultural Rights (Chapter 2). Thereafter international legislation will be discussed with the focus on basic education, disability, the accessibility of the infrastructure and the obligations placed on the state (Chapter 3 and 4). The focus will then be moved to the regional framework and the provision made with regards to the right to basic education and disability (Chapter 5). The relevant constitutional sections will then be investigated before reaching a conclusion. The sections that will be taken into account are sections 7, 9, 28, 29, 36, 39 and 233 of the Constitution of the Republic of South Africa, 1996. The purpose of the investigation of the constitutional sections is to determine what basic education entails and if there is a uniform definition thereof. A further purpose with the investigation of the constitutional provisions is to determine whether there is an infringement of disabled learners„ rights to equality and to basic education. Another purpose is to determine to which extent South African schools are accessible to disabled learners in the provision of infrastructure of school buildings as it is now and the obligation that rests on the state to adapt the infrastructure (Chapter 6). After the discussion of the above mentioned chapters a conclusion will be reached on to what extent the state complies with its constitutional and international obligations to realize disabled children„s right to basic education can be come to (Chapter 7). The inaccessibility of public school buildings in South Africa and disabled children„s need for basic education has led to the research question. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2015

Against the background of the lack of consensus on the definition of the concept minority and the continuing debates on minorities and their rights in education, a need exists for adequate provision of education suitable to different minorities. This study investigates the provision of education to minorities. A literature survey investigated how various countries make provision for minorities in their education systems, starting from the Constitutions and various education laws to educational practice. These countries include Belgium, Getmany, the Netherlands, the United Kingdom (UK) and Italy. Regarding South Africa, an analysis of documents dealing with the provision of education to minorities was undertaken. Unstructured interviews, from a small sample of informants selected by purposeful sampling, elicited additional data to the document analysis. Data was analysed, discussed and synthesised. The major findings are: there is no international consensus on the definition of the concept minority; the concept minority does not even appear in the Constitutions of some of the countries under investigation; the South African Constitution uses the concept communities rather than minorities. However, no definition of the concept community is provided and despite reservations expressed by a key informant on group rights, generally the South African Constitution contains enough sections regarding the provision of education to minorities. Subject to certain limitations, minority groups may open their own schools and use their own language. Based on these findings, recommendations for educational provision for minorities are made. / Educational Studies / D.Ed. (Comparative Education)

Against the background of the lack of consensus on the definition of the concept minority and the continuing debates on minorities and their rights in education, a need exists for adequate provision of education suitable to different minorities. This study investigates the provision of education to minorities. A literature survey investigated how various countries make provision for minorities in their education systems, starting from the Constitutions and various education laws to educational practice. These countries include Belgium, Getmany, the Netherlands, the United Kingdom (UK) and Italy. Regarding South Africa, an analysis of documents dealing with the provision of education to minorities was undertaken. Unstructured interviews, from a small sample of informants selected by purposeful sampling, elicited additional data to the document analysis. Data was analysed, discussed and synthesised. The major findings are: there is no international consensus on the definition of the concept minority; the concept minority does not even appear in the Constitutions of some of the countries under investigation; the South African Constitution uses the concept communities rather than minorities. However, no definition of the concept community is provided and despite reservations expressed by a key informant on group rights, generally the South African Constitution contains enough sections regarding the provision of education to minorities. Subject to certain limitations, minority groups may open their own schools and use their own language. Based on these findings, recommendations for educational provision for minorities are made. / Educational Studies / D.Ed. (Comparative Education)

Please read the abstract in the front of this document. / Thesis (LLD)--University of Pretoria, 2013. / Centre for Human Rights / unrestricted

Section 29 of the Constitution of the Republic of South Africa, 1996 states that everyone has the right to basic education. This provision must be interpreted in order to determine whether it refers to a period of education, or a certain standard or quality of education that also includes infrastructure. In this dissertation, the scope of the right to basic education and the state’s obligation with regard to infrastructure, are discussed. The dissertation will point out that the right to basic education should also consider the best interests of the child-standard as well as the right to equality. The Constitution provides that everyone has the right to basic education, which implies that there should be no discrimination against any child. In order to determine the scope of section 29 and the duty of the state accordingly, the provisions of international instruments must also be consider. The Convention on the Rights of the Child, the African Children Charter and specifically the International Covenant on Economic, Social and Cultural Rights refer to the obligations of the state in respect to the provision of basic education and infrastructure. The Schools Act provides for the Minister of Basic Education to prescribe minimum norms and standards relating to school infrastructure. The importance of minimum norms and standards for quality education has been investigated with specific reference to libraries, learning material and water and sanitation facilities. Lastly, the lack of an internal limitation clause and the effect of section 36, the general limitation clause, were considered to evaluate the state’s obligation to provide quality education. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

Section 29 of the Constitution of the Republic of South Africa, 1996 states that everyone has the right to basic education. This provision must be interpreted in order to determine whether it refers to a period of education, or a certain standard or quality of education that also includes infrastructure. In this dissertation, the scope of the right to basic education and the state’s obligation with regard to infrastructure, are discussed. The dissertation will point out that the right to basic education should also consider the best interests of the child-standard as well as the right to equality. The Constitution provides that everyone has the right to basic education, which implies that there should be no discrimination against any child. In order to determine the scope of section 29 and the duty of the state accordingly, the provisions of international instruments must also be consider. The Convention on the Rights of the Child, the African Children Charter and specifically the International Covenant on Economic, Social and Cultural Rights refer to the obligations of the state in respect to the provision of basic education and infrastructure. The Schools Act provides for the Minister of Basic Education to prescribe minimum norms and standards relating to school infrastructure. The importance of minimum norms and standards for quality education has been investigated with specific reference to libraries, learning material and water and sanitation facilities. Lastly, the lack of an internal limitation clause and the effect of section 36, the general limitation clause, were considered to evaluate the state’s obligation to provide quality education. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

Thesis (LL.M. (Import and Export Law))--North-West University, Potchefstroom Campus, 2008.