This thesis explores the constitutional right to receive basic education in the
language of choice. This fundamental human right imposes a duty on the state to
provide children with education in the language of their choice whenever
reasonably practicable. It is not a matter of whether the state has to fulfil section
29(2) of the Constitution, but rather how to give effect to this provision.
The right to receive basic education in the language of your choice is however,
qualified by the specific internal limitation that provides that the right is subject to
the condition that provision of education in the preferred language has to be
reasonably practicable. Section 36, the limitation clause, is also a measure that
can be used to limit this right.
The aim of this paper is to contextually interpret the fundamental right to receive
education in the language of one’s choice and to weigh up the intent of the
provision to the provision’s actual result. All relevant factors will be taken into
consideration to examine the possibility of limiting the right to receive instruction
in the language of choice to comply with the purpose of education and the best
interests of the child. / Thesis (LL.M. (Comparative Child Law))--North-West University, Potchefstroom Campus, 2010.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:nwu/oai:dspace.nwu.ac.za:10394/4805 |
| Date | January 2010 |
| Creators | Bornman, Johan Christiaan |
| Publisher | North-West University |
| Source Sets | South African National ETD Portal |
| Detected Language | English |
| Type | Thesis |
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