An evaluation of whether South Africa fulfils the requirements of the International Covenant on Economic, Social and Cultural Rights: To what extent is South Africa obliged to realise the right to basic education, and to what extent is South Africa meeting those obligations?

Köglmeier, Mareike

An evaluation of whether South Africa fulfils the requirements of the International Covenant on Economic, Social and Cultural Rights: To what extent is South Africa obliged to realise the right to basic education, and to what extent is South Africa meeting those obligations?

Master Thesis

2021

Abstract

This thesis addresses the right to ‘basic education' in South Africa by focusing on the International Covenant on Economic, Social and Cultural Rights (ICESCR). To what extent South Africa is bound by this treaty and whether it is fulfilling its obligations are the central questions of the thesis. To provide answers to these questions, the situation in South Africa regarding the various aspects of this right in terms of the 4-A scheme, which was developed in order to define the country's obligations as per the ICESCR, is examined. It can be seen from the 4-A scheme that South Africa is bound by the ICESCR regarding basic education to a large extent. This includes that schools must be physically and economically accessible to learners, and that there must be a comprehensive infrastructure. The ICESCR also calls for a certain quality of education to be provided to learners with disabilities, as well as for learners to be provided with food. Based on this examination regarding these aspects of the right to education according to the ICESCR, it can be concluded that South Africa often does not meet these requirements.

Keywords

Human Rights Law

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