myers briggs personality test free online printable of socio-economic rights prioritises certain needs over others.">

advantages and disadvantages of free basic education in south africa

advantages and disadvantages of free basic education in south africa

General Comment 11 proceeds by distinguishing between the various costs incurred by education. The CESCR emphasises that the scope of free primary education extends beyond the prohibition on charging school fees. Parents are exempted from other direct costs as well, such as fees for examinations, textbooks, learning materials and all basic school equipment.

The CRC Committee is in agreement that direct costs, such as the maintenance of school buildings and the supply of books and learning materials, are free of charge and thus the responsibility of the state. Indirect costs such as those related to school uniforms seem to fall under the scope of free primary education.

In this regard, the CRC Committee notes that where the wearing of uniforms is mandated by school regulations, the state should provide for them, at least for poor children. The same applies to the transport costs of disadvantaged learners. The Committee has stated that the obligation to provide free primary education includes the state's subsidising of transport costs for learners who cannot afford such costs.

States are also mandated to take positive steps to pinpoint discriminatory practices in schools and to address them through the adoption of administrative, fiscal and educational programs as stated earlier. In the South African context, the eradication of systemic discrimination in the education system may take time. It is under an immediate obligation to explore all possible options, including the employment of affirmative action measures in order to aggressively tackle the inequality in our school system.

In this regard, I agree with Beiter that the provision of qualified teachers to disadvantaged schools constitutes such an affirmative action measure The element of "compulsory" provides further insight into the core entitlements engendered by the right to basic education.

The South African government legally obliges all children in the compulsory school phase to attend school. In this context and for various other reasons, compulsory education becomes critical. However, nobody can do the impossible, and parents therefore cannot be under an obligation to ensure that their children attend school if they cannot afford the costs related to schooling.

Thus, making primary education compulsory is contingent on making it free. The South African Constitution obliges the state to "respect, protect, promote and fulfil the rights in the Bill of Rights. Therefore, the state is not only prohibited from impairing access to the enjoyment of the right, but is also obliged to take positive steps to ensure that basic education is provided. An understanding of the specific obligations engendered by the right to basic education requires an understanding of the scope and content of the right.

In its textual formulation, section 29 1 a differs from the right to further education under section 29 1 b of the Constitution. The right to further education is qualified to the extent that the second subsection of this right states that "[t]he state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation" of this right.

The right to basic education is neither formulated as a right of access nor subject to the same internal qualifiers as section 29 1 b. The Constitutional Court has now confirmed that the right to basic education is not subject to progressive realisation. So far, claims have been made against the state for the enforcement of socioeconomic rights in various cases before the Constitutional Court. In Grootboom , the claimants sought access to housing, in Minister of Health v Treatment Action Campaign, access to health care services was claimed, and in Khosa, permanent residents sought to enforce access to social security.

In determining if government has fulfilled its obligations in respect of each of these rights, the Constitutional Court scrutinised the reasonableness of the government programme put in place to provide for the housing, health and social security needs of the claimants. In Grootboom , the court held that "[i]n any challenge based on section 26 [or section 27] in which it is argued that the state has failed to meet the positive obligations imposed upon it by section 26 2 [or section 27 2 ], the question will be whether the legislative and other measures taken by the state are reasonable".

Nkabinde J's approach in Juma Musjid Primary School was one of extracting the state's obligations in respect of the right to basic education from the Schools Act. She held that the state has an obligation to make schools available to learners and restricted access of education to the compulsory nature of basic education. The specific question before the Court, however, did not require of her to give detailed content to the right.

The case concerned the plight of learners enrolled at Juma Musjid School, a public school that was located on private property. The Juma Musjid Trust, the owner of the private property obtained an eviction order against the state in the High Court and effectively, against the learners situated at the school. The state and the school governing body unsuccessfully appealed the High Court decision in the Supreme Court of Appeal and ultimately sought relief in the Constitutional Court.

The main concern of the Court was that the learners should not be left without alternative placements. Even so, it is submitted that in the event that the Court is faced with the general question whether the state is succeeding in its obligation to provide basic education to its children, it will be forced to define at least the core content of the right to education.

The Constitutional Court has adopted a contextual method of interpretation with regards to rights in the Bill of Rights. Besides construing rights in their textual setting, the contextual approach to interpretation requires that a right must be understood in its social and historical context. Currently the South African education system is still characterised by its legacy: former white schools continue to be adequately resourced whilst former black schools are entrenched in abject poverty.

A contextual interpretation of the right to basic education therefore necessitates the provision of free basic education at least to disadvantaged learners first so as to meet the requirements of the Constitution.

In Grootboom the Constitutional Court rejected a minimum core approach in terms of the right of access to housing due to the varied needs in the context of housing: "there are those who need land; others need both land and houses; yet others need financial assistance". A distinction has to be made between the right of access to housing and the right to basic education.

The requirements for the enjoyment of the right to basic education are the same for all of the learners entitled to it. Defining the content of basic education is thus possible in a South African context, since the objectives to be met are the same for all South African learners, and the necessary information is available to provide guidance as to the content of the right.

The 4-A scheme has been accepted in international law as the most comprehensive framework in which to define the content of the right to basic education. At local level, this scheme has been endorsed by the South African Human Rights Commission and is cited with approval by the leading commentators on the right to education.

South African children are frequently turned away from schools because of their parents' inability to pay school fees. Many learners are also barred from schools because they are not able to afford transport costs and other charges such as those for books and stationery. Furthermore, the contextual approach to the interpretation of rights in the Bill of Rights developed by the Constitutional Court requires an interpretation of section 29 1 a which guarantees free basic education to disadvantaged learners as a priority.

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Menu Skip to right header navigation Skip to main content Skip to secondary navigation Skip to primary sidebar Skip to footer. Disadvantages of Free College Education. Need Help? All stakeholders should be asking themselves if free education is working for the kids of a nation or if it would be better to have parents pay for it. Some of the concerns around this subject involve issues of quality of education and access of the same.

The only way to establish the truth about this is to weigh the pros and cons of education. It is only by knowing the advantages and disadvantages of free basic education that any conclusion can be made. Like everything else, free education comes with both merits and demerits.

This plays an important role in creating equality among students in school. Promotes fairness : Free education plays a role in promoting fairness in school and in the society. This is because all children will be guaranteed access to the same level of education and hence there will be fairness even in class.

Concentration in class : Free education somehow promotes concentration in class. This is because students will not be bothered about where the next school fees will come from. Instead, they will be focusing on their education. No student loans : Students will not be bothered about taking student loans to facilitate their education all the way to the university.

This ensures that students remain debt free. Opens up access to college : Free education plays an important role in opening up access to college education because all children will be guaranteed of studying until they get to college. Students can pursue their interest : Free education leaves student with the luxury of choice in pursuing their careers of choice. Overcrowded institutions : Free education opens up institutions for everyone to access. This creates the problem of overcrowding since most people will be registered to study the same courses.

Create an unequal society in school : Free education brings people from different cultures and backgrounds to the same school where the aspect of social class may play out.

The obligation to provide free basic education in South Africa: an international law perspective. E-mail: Lorette. In South Disadvantaes many advantages and disadvantages of free basic education in south africa are denied the right to basic education because of the levying of school fees and other educational charges, in spite of the international obligation imposed on government to run windows application on mac free free primary education. This advatnages examines the exact nature and extent of this obligation by exploring the concept of "free" basic education. The applicable international instruments and their interpretation as disadvantagws as the significance of advantages and disadvantages of free basic education in south africa right sojth education as a central, facilitative right are examined in order to establish the content of basid right to basic education and the legal obligations that ensue. Ij this background, the implications of the South African Constitutional Court's approach to the realisation of socio-economic rights and the possibility of the establishment of a core minimum obligation are analysed. It is argued educatipn learners in South Africa may come from different socio-economic backgrounds but as learners in the same public school domain and as equal bearers of their constitutional right to basic education all of them are entitled to the same type and quality of free basic education. Keywords: Right to education; free education; basic education; international obligations; core obligations. In kf earlier advantages and disadvantages of free basic education in south africa 1 on the right to education delivered by the South African Constitutional Court the Constitutional Courtthe principal focus was on the restriction of access to education through the implementation of the language policy of the school. Language, however, is only one barrier preventing access to education in South Africa. Learners countrywide are denied the are cell phones tax free this weekend in tn to basic education because of the levying of school fees and other educational charges. This article examines the exact nature of this obligation by exploring the concept of "free" basic education. Section 29 of the Advantages and disadvantages of free basic education in south africa Anr Constitution consists of a cluster of education rights and has consequently been called a "hybrid" right. As a socio-economic right, section 29 1 obliges government to make education available and advantagess to everyone. Section 29 1 a in particular entitles everyone to a basic education. The South African Constitutional Court has to date not considered the scope and content of the right to a basic education. The right to education enjoys extensive protection in international law. Article 4 a of the UNESCO 9 Convention against Discrimination in Education CDE 10 requires of state parties "to promote equality of opportunity and treatment in the matter of education advantages and disadvantages of free basic education in south africa in particular [t]o make primary education compulsory and free. Whereas the right to primary education was included in the UDHR as a mere aspiration, the CDE was the first international treaty to include an obligation on states parties to provide free and compulsory primary education. The International Covenant on Social, Economic and Cultural Rights ICESCR 13in article 13 2 a and bobliges states parties to make afrrica education compulsory and free, whereas secondary education "shall be made generally available and accessible". Article 28 1 a obliges states parties to make primary education compulsory and free, whereas article 28 1 b requires states to make secondary education available inn accessible to the child. In interpreting the rights in the Bill of Rights, section 39 1 b of the Constitution requires of courts to consider international law. In S v Makwanyane 18the Constitutional Court held that advantages and disadvantages of free basic education in south africa and non-binding international law are applicable in interpreting the rights advantages and disadvantages of free basic education in south africa the Bill of Rights. advantages and disadvantages of free basic education in south africa Why should he/she pay for education of others? - So in a way, it makes parents thieves. Of around US-$ per year for each kid in ”free” schools in “rich”. › fulltext. cf various methods of financing education and discusses the basic issues related to cent of Asian, and 60 per cent of African children did not attend school. being debated, this section analyzes the advantages and disadvantages of self-​help for students in Tanzania, free motor transport to mission schools in southern. Free education is no doubt one of the most important aspects of a country's economic prospects. This is because it offers a platform where the. Provide an evaluation of access to free basic education showing both advantages and disadvantages - “Free Primary Education” in Lesotho and the disadvantages of the highlands The elusive goal of universal free primary education in Africa: The case of Lesotho Teacher Motivation in Sub-Saharan Africa and South Asia. available to school systems, commenting about the advantages and disadvantages of each​. not changed since the introduction of Kenya's free primary education program. Cumulative advantage/ disadvantage (CAD) theory. South Africa. Sexually. Automatically exempting pension recipients who are primary caregivers of children might solve the issue from the household side but would further disadvantage. Keywords: Right to education; free education; basic education; international 2 The right to basic education in the South African Constitution The CRC Committee has emphasised the importance of ensuring that the domestic law of substantive equality takes account of the inherent disadvantage that certain groups of. Skip to secondary navigation; Skip to primary sidebar; Skip to footer However, if a free college education is a right way to achieve it, they are not so sure Free education is education, which is funded by the government or other charitable establishments Best Colleges and Universities in South Africa. Previously Viewed. Free Higher Education We pay a price for everything we get or take in this world. The President need not emphasise the importance of the free education policy in Ghana urging youth to embrace education. Image: facebook. Clearly if this project is to be implemented as was planned then it has great benefits to all both in the short run and in the long run. The ball is now to the government to ensure these are dealt with and a mutually benefiting plan is adopted. If free education policy in Ghana was to be strictly followed, then education in primary, junior high school and senior high school would be freely offered to all. In the end, it is a matter of personal preference and what you want for your children. This means that if student have the elementary education they stand better chances of being their own bosses. Sign Up Sign In. advantages and disadvantages of free basic education in south africa