Government-funded programmes and services for vulnerable - Unicef

CHAPTER 5
Department of Basic Education
Introduction
The Department of Basic Education (DoBE) is responsible for the realisation of the right
of everyone to a basic education, including adult basic education.
The UNCRC (Article 28), the ACRWC (Article 11) and the South African Constitution
(section 29(1)) all acknowledge and protect the right of all children (aged 0–17) to
education. The scope of the right to a basic education is rendered wide by the fact that
international and regional instruments recognise that this right is dependent on the prior
realisation of a host of other children’s rights. For example, without food, healthcare and
protection from abuse, neglect and exploitation (among others), the right to education
is not possible. For this reason, the international and regional child rights instruments
require the South African government to realise the right to education through the
provision of a comprehensive package of care and support to vulnerable children.
Internationally and regionally, the realisation of the right to education is premised on the
realisation of a number of obligations by South Africa, including:
● making primary school compulsory, accessible and available free to all children; 68
● making secondary education available and accessible for every child and taking
appropriate measures to ensure that school fees do not exclude children from
secondary school, for example, by progressively introducing free secondary
education 69 and offering financial assistance to those in need; 70
● taking measures to encourage attendance and prevent children from dropping out of
schools; 71
● providing education that ensures the advancement of the cognitive, creative,
emotional, mental and physical development of all children to their full potential; 72
● in addition, international and regional laws recognise that additionally vulnerable
children are at greater risk of not enjoying their right to an education and oblige
states to take special measures to protect and to actively promote their inclusion and
participation in school. The South African government must take special measures
(as in the case of all signatory states) that will:
■ ensure equal access to education for all female and disadvantaged children in
all sections of the community; 73
■ protect children against discrimination and take all steps necessary to ensure
that children are not denied any of their rights, including the right to education,
on the basis of their race, ethnic group, colour, sex, language, national origin,
birth or other status or disability; 74
■ ensure that children with a mental or physical disability receive an education,
training and healthcare services in a manner conducive to the child achieving
the fullest possible social integration and individual development; 75
68 UNCRC, Article 28(1)(a); ACRWC, Article 11(3)(a); UN MDGs, Goal 19
69 ACRWC, Article 11(3)(b); UNCRC, Article 28(b)
70 UNCRC, Article 28(b)
71 UNCRC, Article 28(e); ACRWC, Article 11(3)(d)
72 UNCRC, Article 29(a); ACRWC, Article 11(2)(a)
73 ACRWC, Article 11(3)(e)
74 UNCRC, Article 2; ACRWC, Article 3
75 UNCRC, Article 23; ACRWC, Article 13
136