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      Authors Name
      It has been shown that strikes negatively influence children on physical and psychological level, which is directly linked to their educational environment. For a long time the position has been that children have had to suffer where conflicting situations involving their rights existed.318 This can no longer be tolerated. What is thus, based on this study, the solution for this situation and how can the worker’s right to strike be limited by the child’s right to education? The suggestion is made that the educator’s right to strike be eliminated by declaring education an essential service. The DA has already submitted an application to this effect to the Essential Service Committee (which falls under the CCMA at the labour department) in February 2010.319 Although education is not an essential service at the moment, the ILO makes it clear that non-essential services can be transformed into essential services depending on the effects of a strike.320 The crippling effects of educator strikes, as shown in chapter 2, points directly to the fact that education needs to be declared an essential service. Very important to keep in mind though, is that if the educator’s right to strike is taken away, the educators concerned should be afforded “compensatory guarantees”321 in the form of conciliation and mediation processes.322 If these processes lead to a deadlock, arbitration (using machinery that both parties find reliable323) must follow. Both educators and the state should be able to participate in determining and implementing the procedure, “which should provide sufficient guarantees of impartiality and rapidity.”324 The awards of the arbitration should be binding325 on the state and educators and should be rapidly and completely implemented.326 If education is not declared an essential service, organisations that pride themselves in fighting for children’s rights, should approach the courts on this matter. The courts in turn must take the initiative to, like in the instance of Ngubo and Juma, use the relevant model of reasonableness, as discussed in chapter 5. The state has not been complying with its duties and the muscles of the civil and criminal (for example, seeing that educator offenders of the mentioned legislation in chapter 4 are prosecuted) law aspects of the right to education remain unflexed. [1]
      Iya, Phillip [1]