Abstract:
The history of South Africa is plagued by centuries of oppression, isolation, racism and ableism which exist as a result of our colonial and Apartheid past. Colonialism and Apartheid, in their various forms and manifestations, created and legalized oppression and discrimination against vulnerable population groups, such as black people, women, children and persons with disabilities. These vulnerable groups were, and continue to be denied equal access to their fundamental rights and freedoms.
Persons with disabilities continue to be one of the most vulnerable population groups in the world. They are often denied access to socio-economic rights such as education, employment, healthcare, food, sanitation and water. The charity, welfare and medical models of disability resulted in persons with disabilities being treated as either charity cases or medical patients requiring rehabilitation. The shift from the medical model to the social model to the human rights model occurred as the result of the rise of the disability rights movement. There is no longer a focus on impairment, but rather the focus is on external barriers and negative societal attitudes and stigmas.
In 1994, South Africa transitioned from Apartheid to democracy. The Constitution of the Republic, which guarantees multiple socio-economic rights for all in its Bill of Rights, is the supreme law of the land. The Constitution is based on the foundational values of human dignity, freedom and equality. In order to give meaning to these foundational values, it became necessary to enact legislation and policies to remedy the injustices of the past and improve access to socio-economic rights for persons with disabilities. The right to basic education, which is viewed as somewhat of a gateway to access other socio-economic rights, is guaranteed in the Constitution. Unlike other socio-economic rights which are progressively realisable, the right to basic education is immediately realisable.
The purpose of this research is to interrogate whether South Africa is adequately disposing of its obligations to provide access to inclusive, quality basic education for children with disabilities in light of its domestic, regional and international obligations. This research will also focus on the challenges with implementation of the relevant instruments and the various barriers which exist. Furthermore, this research seeks to provide practical recommendations and solutions to improve access to inclusive, quality basic education for children with disabilities in South Africa. Despite the fact that socio-economic rights are justiciable in South Africa, the reality is that the courts are not the most accessible avenue. As a result, there is a need for us to explore creative mechanisms to ensure better access to socio-economic rights for vulnerable population groups in South Africa.
