The realisation of the right to inclusive education of children with mild and moderate intellectual disabilities in South Africa

Abstract

The right to education is an essential human right that must be afforded to all children. The right to education is governed by global, regional and national law. Article 24 of the CRPD is the first binding provision that comprehensively recognises the right to education of children with disabilities. Article 24 provides that such education must be free from all forms of discrimination and implemented on the basis of equal opportunity. Inclusive education aims to educate children with disabilities in mainstream schools by eliminating the existing barriers that hinder their access to education and by providing reasonable accommodation to ensure that they can effectively participate with children without disabilities. Section 29(1)(a) of the Constitution guarantees everyone a right to basic education. This right is guaranteed to children without disabilities and children with disabilities. The Constitution and the SASA, that governs the right to basic education, do not contain any provisions on the right to inclusive education of children with disabilities. White Paper 6 was adopted in 2001 with the aim of implementing inclusive education in South Africa over a 20-year period. In the WCFID case it was held that the existing policy and practice that are in place to guide the realisation of the right to inclusive education of children with severe and profound intellectual disabilities infringe on their basic rights. The purpose of this dissertation is to evaluate the South African legal position on the realisation of the right to inclusive education of children with mild and moderate intellectual disabilities against the global and regional international human rights standards to determine to what extent the South African standard complies with the international human rights standards.