COVID-19 and the Violation of the Right to Basic Education of Learners with Disabilities in South Africa: An Examination of Centre for Child Law v Minister of Basic Education. (December 2021)

• Record Type: Journal Article
• Authors: Kamga, Serges Djoyou
• Editors: Durojaye, Ebenezer; Lwabukuna, Olivia; Oette, Lutz; Williams-Elegbe, Sope
• Is Part Of: Journal of African law. Volume 65(2021)Supplement 2
• Page Start: 347
• Page End: 360
• Publication Date: 2021-12
• Subjects: COVID-19 -- inclusive education -- learners with disabilities -- disablism -- substantive equality; Law -- Africa -- Periodicals; 349.605
• DOI: 10.1017/S0021855321000309
• Languages: English
• ISSNs: 0021-8553

Abstract

Abstract: This article explores the extent to which the right to basic education of learners with disabilities in South Africa was guaranteed during the COVID-19 pandemic. It uses the Centre for Child Law v Minister of Basic Education ( Centre for Child Law ) as the main canvas for discussion. It argues that, notwithstanding its normative compliance with the international regime of the right to an inclusive basic education, the government has failed learners with disabilities during COVID-19. An examination of Centre for Child Law reveals that, not only did the government's directions for the phased return to school exclude learners with disabilities, they also required the closure of special schools where compliance with social distancing rules was impossible. This violated the right to inclusive education and substantive equality of learners with disabilities and highlighted the need to advance these rights through reasonable accommodation initiatives.