The child’s right to basic education: A model to measure South Africa’s compliance with its international obligations

Abstract

Realising the child’s right to basic education is not an easy undertaking, as states face enduring challenges in the development and implementation of their legal frameworks. With the ratification of the International Covenant on Economic, Social and Cultural Rights and the United Nations Convention on the Rights of the Child, obligations are imposed on State Parties. Acknowledging the universality of these instruments, the article proposes a novel compliance model that incorporates a normative and a practical framework that can be applied to measure compliance with the obligations imposed thereby. The article proposes that the model can be useful in advancing the realisation of the child’s right to basic education in terms of the legal framework and the implementation thereof. Furthermore, its application is indicative of State Parties’ willingness to be held accountable and to incorporate international law on a domestic level. The article sets out the proposed compliance model and thereafter applies the model to the South African context. Specific attention is paid to the South African constitutional framework and South Africa’s reporting history to the Committee on Economic, Social and Cultural Rights and the Committee on the Rights of the Child.