THE SOUTH AFRICAN CHARTER ON CHILDREN’S BASIC EDUCATION RIGHTS

The presentation will provide an overview of the background, purpose and structure of the SAHRC Charter on Children’s Education Rights. It will indicate how the Charter is intended to be used by the Commission and other stakeholders.

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Key elements: A statement of the various obligations of the

State to ensure the realisation of the right to basic education;

Key shortcomings and inequities; Outline of commitments made to address the

gaps in achieving quality education Key role-players in fulfilment of this right

This document is the third of its kind in the world, and the most detailed and comprehensive of the three.

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The SAHRC is an independent national human rights institution mandated by the Constitution.

Mandate includes the promotion and monitoring of children’s rights including the right to basic education.

The right to basic education is enshrined in section 29(1)(a) of the Constitution.

It is an unqualified socio-economic right. The monitoring of basic education has been

hindered by the lack of a common and consolidated national statement of the scope and content of the right.

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To contribute towards the realisation of the right to basic education;

To provide a common, legally- grounded planning, monitoring and advocacy framework for use by the SAHRC and all relevant stakeholders;

To provide a statement of the various legal obligations on the state and the services and support that must be provided to ensure that all children, especially SA’s historically educationally marginalised children enjoy the right to basic education 5

The Charter was developed through a process of research and consultation with stakeholders in the education sector.

A Reference Team was developed to oversee and make inputs into its development.

The document began with a scoping of legal obligations and undertakings made by the state in terms of international legal and developmental instruments (such as UNCRC, MDGs), regional instruments ( ACRWC, SADC Regional Indicative Strategic Plan) and national constitutional obligations

A consultant was briefed to compile the text of the document The Charter is limited to the right to basic education through

schools Aligned to DBE’s mandate to secure basic education through

Grades R to 12

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Charter recognises that : Basic education is wider than pre-primary, primary and

secondary education It does not encompass the full scope of the right to basic

education Pursuant to the research stage, a workshop was convened under the

leadership of the SAHRC to bring together a range of stakeholders in government and civil society to consider, discuss and comment on a draft version of the Charter. The Minister for Basic Education delivered the keynote address Speakers discussed a range of issues, and inputs were made by

diverse, multi-level stakeholders A two – month period was provided for comments on the draft

charter Report was revised, adopted by the SAHRC and formally launched

on 31 January 2013

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Organising framework selected was Tomasevski’s 4A framework and the Right to Education Project . This framework prescribes that education must be: Available Accessible Acceptable Adaptable

The Charter draws significantly, then, on the extended 4A and Right to Education indicators, but it has been specifically shaped to reflect our national education priorities and realities.

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Reasons for selecting the 4A Framework: it is legally grounded and draws together the full range of legal

obligations regarding basic education; it includes a range of indicators bringing in the development

dimensions and commitments; it comprehensively surfaces commonalities across the full range

of legal and development instruments; it is rights-based and emphasises the best interests of the child; it recognises the interrelatedness of education and other rights; it is responsive to the contextual equity imperative driving

education reform in South Africa; it includes access and quality; and, it encompasses a body of child centred-indicators developed in

consultation with education experts to measure progress.

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The elements of the 4 A Framework comprise the titles of each of the Chapters in the Charter. At the beginning of each is a concise explanation of what is meant by the title. Below is an example:

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The body of the Charter is in tabulated form. The same four column headings occur through the document.

This is extremely valuable as it gives the reader a

consolidated view of the right and its core content.

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The launch of the Charter took place on the 31 January 2013 at the SAHRC National Offices.

It was attended by a diverse range of stakeholders, including government, civil society, academics, the Commission's Section 5 Committee Members, members of other Chapter 9 Institutions, members of the press and numerous others.

The event took the form of a dialogue followed by an open discussion.

The launch was highly-publicised in various forms of media- including radio, television and print media.

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The Charter can be used for the following purposes:

A means of educating children and care-givers about children’s rights

A planning and educational tool for schools, governing bodies, principals and teachers

A planning and monitoring tool for use by the department of basic education and other relevant departments

A monitoring tool for parliament A planning, educational, monitoring and advocacy tool for

civil society, including NGOs, CBOs, research institutions and trade unions; and a planning and monitoring tool for development partners and donors

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Reports of the Commission that come to Parliament highlight challenges in the realisation of rights. For instance in 2006 the Commission issued a report on the Right to Basic Education;

Most of those challenges can be found in the Charter;

The Charter provides indicators against which MPs can monitor progress.

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The Commission has used the Charter as its primary frame of reference in conducting the following activities: Commenting on the Draft Minimum Norms and Standards for Public

School Infrastructure. Convening a hearing relating to the delivery of primary learning

materials to schools. Participation in the SAHRC National Water and Sanitation Hearing. Informing certain of its comments on the Draft UNCRC Country

Report. Participation in a Solidarity Visit to schools in the Eastern Cape. A recent dialogue on the right to education convened by the

Commission’s Provincial Offices. Evaluating the Department of Basic Education’s response to

questionnaires sent to them by the Commission in terms of section 184(3) of the Constitution.

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The Commission is grateful for the opportunity to present this exciting initiative to the Portfolio Committee.

We welcome any questions or comments on the presentation and related matters.

It is our hope that this document can be taken forward and used to facilitate the realisation of this fundamental right.

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South African Human Rights CommissionWebsite: www.sahrc.org.za

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