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

Serges Djoyou Kamga

doi:10.1017/s0021855321000309

Abstract

AbstractThis 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.

Highlights

The COVID-19 pandemic is the most important challenge to face the world in recent times
The article has examined the extent to which the right of learners with disabilities to basic education was protected during the COVID-19 pandemic in South Africa
Relying on Centre for Child Law, it assessed whether the Department of Basic Education (DBE) ministerial Directions for a phased return to school during the pandemic were inclusive of learners with disabilities

Summary

INTRODUCTION

The COVID-19 pandemic is the most important challenge to face the world in recent times. In South Africa, as in many parts of the world, the government imposed general lockdowns to flatten the infection curve in its attempt to control the pandemic. To this end, the South African government relied on the Disaster Management Act No 57 of 2002, which was the bridge used by the president of the republic to declare a state of disaster on 15 March 2020. The facts behind Centre for Child Law unequivocally demonstrate the state’s failure to update its inclusive education policies to open the doors of basic education to learners with disabilities during COVID-19. This article is important, as it can help to ensure that laws are enacted, and policies or programmes are formulated and

C McClain-Nhlapo “An inclusive response to COVID-19

71 MEC for Education

CONCLUSION