A critical appraisal of Western Cape forum for intellectual disability v government of the Republic of South Africa 2011 5 SA 87 (WCC)
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Date
Authors
Kruger, Petronella
Journal Title
Journal ISSN
Volume Title
Publisher
North West University, Faculty of Law
Abstract
As this is a nation riddled with a history of inequality, the Constitution of the Republic of South Africa is a sign-post to what one hopes is an end destination of inclusivity. Post-1994 the new democratic government faced the challenge of reversing the entrenched marginalisation not only of non-white citizens but also of persons with disabilities. The Apartheid government had tailored society, especially the education system, to abled-bodied persons. Accommodative and inclusionary policies were weak and reserved only for children belonging to the privileged minority. The new Bill of Rights clearly decries the continuance of this "ablism" -bias - Section 9 prohibits discrimination based on disability (an expressly listed ground) and section 26 offers an unqualified guarantee of the right to basic education.
Description
Keywords
Constitution of the Republic of South Africa, Right to basic education, Rights of persons with disabilities
Sustainable Development Goals
Citation
Kruger, P 2015, 'A critical appraisal of Western Cape forum for Intellectual Disability v Government of the Republic of South Africa 2011 5 SA 87 (WCC)', Potchefstroom Electronic Law Journal, vol. 18, no. 3, pp. 756-773.