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Rights and Responsibilities in Education
A few years into our second decade of democracy we still observe people being discriminated against on the basis of social class, illness, gender, ‘race’, disability, national origin in the case of refugees and migrants, language and sexual orientation. The responsibility of our new society and of education specifically is to correct the discrimination of the past and its perpetuation today.
The founding principles in our constitution are premised on the belief that all are entitled to an array of rights such as the right to freedom of expression, assembly and association. Socio-economic rights including the right to education, information, fair administrative action, protection of vulnerable groups such as children, the right to access health care services, housing and social security are also emphasised in Chapter Two of the constitution-the Bill of Rights. The latter is meant to protect people against the abuse of rights by government and by individuals, companies or institutions. These rights and freedoms are not a gift from the state. While many rights still remain on paper for poor communities they are a result of difficult struggles over many generations. It is up to citizens to extend and strengthen rights and freedoms and hold the state accountable when they fail to uphold and deliver on promises.
Section 29 of the Bill of Rights specifically relates to education. It says that everyone has the right to basic education including adult education. The state must take all necessary steps to ensure that these rights are fulfilled. Other aspects of the right to education clauses, for instance, dealing with the progressive realisation of further education or being taught in the language of your choice, may be limited because of considerations of practicality. Yet, practical considerations must be weighed against the questions of justice, reasonableness, human dignity and equality. The state is obliged to find solutions which specifically do not impose the greatest hardship on those most disadvantaged in our society. Key education legislation such as the South African Schools Act, the National Education Policy Act as well as various policies and regulations attempt to give meaning to our constitutional principles in the education sector.
Issues of access to schools are not the only considerations affecting a learner’s right to education. We cannot expect children to learn effectively if they are hungry; if they have been evicted from their homes and if transport to school is expense, unsafe and sporadic. The quality of education, violence and rape in schools, corporal punishment, large class sizes and teachers who are overburdened, stressed and unsupported also have an effect on the right to education.
Rights to and in education are also linked to other human rights. There is a clear relationship between education and democratic citizenship. Education enhances the enjoyment of all individual rights and freedoms where the right to education is effectively guaranteed, while depriving people of the enjoyment of many rights and freedoms where the right is denied or violated. Any significant denial of the necessities of life such as adult education or employment involves a restriction of citizenship for those so denied, both in itself, and by impairing their capacity to engage in civil, economic and public life on the same terms as others.
Human rights considerations in education straddle the
whole range of educational processes: policy, access, curriculum, management,
budgeting, provisioning and teaching and learning. It is also about the
teaching and learning of human rights that can contribute to the development
of a critical citizenry able to sustain constitutional democracy and play
a part in the attainment of their own rights.
There is an attempt through the Revised National Curriculum Statement
to align the curriculum with human rights. Yet, infrastructural and resource
provisioning, teacher development, learner support material development,
multilingualism and mechanisms of ongoing support and monitoring should
be prioritised to deliver on the objectives of a rights aligned curriculum.
Many schools remain under-resourced whilst in others resources are poorly
managed. A sustained and integrated educator development strategy that
provides the requisite content and skills for educators to address human
rights, social justice and inclusivity is crucial.
Despite the promise and lyricism of the words in our constitution, many policies, and the establishment of various formal organisations to protect human rights, violations take place everyday in our society and schools. This is often a result of the failure to implement policies, unequal power relations, socio-economic interests and the way our society is structured, and not merely because individuals are ignorant of the law. Failure by the state to deliver on its obligations creates a situation where some blame issues such as crime in society or ill disciplined behaviour in schools on what they incorrectly call a ‘human rights culture’.
Active and responsible democratic citizenship, that is,
citizens who understand the law and its limitations and are willing to
insist on their rights and mobilise when these are not forthcoming is
necessary to give meaning to our constitutional rights. Over the past
few years the actions of social movements, student organisations and teacher
unions have encouraged the department of education to rectify rights violations
and review policies that allowed abuses to occur. A recent example is
the review on the cost of education.
Parents and caregivers have the responsibility to support learners to
register in schools and to attend school regularly. It is compulsory for
all children between the ages of six and fifteen to attend school. Although
parents have responsibilities, this should not mean that the state should
avoid its duties. A learner’s right to receive an education is not
dependent on his or her parent’s discharge of certain responsibilities.
Admission may not be refused because parents or guardians are unable to
pay school fees, provide documents such as utility bills or are unable
to afford school uniforms. Also, schools may not administer tests, use
pre-school experience or language as reasons to prevent enrolment.
The Education Rights Project based at the Wits School of Education’s EPU has developed comprehensive and accessible booklets on education rights which include the following areas: HIV/AIDS, Admission Policies, Sexual Violence, the Rights of Refugees and Migrants, School Governing Bodies, Corporal Punishment and Bullying, Disability, Religion and Language Rights. They can be downloaded at www.erp.org.za or phone (011) 717-3076. Other contact details: Department of Education’s toll free hotline number: 0800 202 933; South African Human Rights Commission: (011) 484-8399; Childline: 0800 055555; South African Council of Educators: (012) 663-9517.
