Race classifiction and equal educational opportunities in South African schools

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Authors

Joubert, Hendrika J. (Rika)

Journal Title

Journal ISSN

Volume Title

Publisher

Wolf Legal Publishers

Abstract

In South Africa, there is constitutional protection against segregation and unfair discrimination on the basis of race. The connection between school integration and a legitimate governmental purpose to further or achieve equal educational opportunities for everyone necessitates an investigation into the meaning of equal educational opportunities for everyone. Transformation in South Africa relates to the consolidation of democracy by eradicating social and economic inequalities that were generated among others by the history of colonialism and apartheid. Remedial action (transformation) should be assessed against five criteria – moral foundations, constitutional foundations, burdens on previously disadvantaged groups, burdens on previously advantaged groups, and the existence of a logical stopping point. Equity of access and the removal of institutional discriminatory practices will not necessarily ensure the attainment of quality and equity in education, unless access and equity also imply providing learners with an equal chance to succeed. In applying race classification policies in South African schools, the best interests of the child shall be of paramount importance, such interests being determined from a subjective, child-centred perspective which attempts to make race classification meaningful from the child’s point of view.

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Keywords

Segregation, Unfair discrimination, Race, South Africa (SA)

Sustainable Development Goals

Citation

Joubert, R 2014, 'Race classifiction and equal educational opportunities in South African schools', International Journal for Education Law and Policy, vol. 10, no. 1, pp. 41-53.