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A rights-based approach to inclusive early childhood education in South Africa

Mini Dissertation (LLM (Child Law))--University of Pretoria, 2022.

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Other Authors: Ozah, Karabo
Format: Thesis
Language:English
Published: University of Pretoria 2022
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access_status_str Open Access
author2 Ozah, Karabo
author_browse Ozah, Karabo
author_facet Ozah, Karabo
collection Thesis
dc_rights_str_mv © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Mini Dissertation (LLM (Child Law))--University of Pretoria, 2022.
format Thesis
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institution University of Pretoria (South Africa)
language English
last_indexed 2026-06-10T12:38:17.431Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2022
publishDateRange 2022
publishDateSort 2022
publisher University of Pretoria
publisherStr University of Pretoria
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spelling oai:repository.up.ac.za:2263/87058 A rights-based approach to inclusive early childhood education in South Africa Ozah, Karabo u20721502@tuks.co.za Sibanyoni, Nqobile Early Childhood Development Rights-based approach Disability Inclusion Policy UCTD Mini Dissertation (LLM (Child Law))--University of Pretoria, 2022. This mini-dissertation focuses on how the South African government can apply the rights-based approach to realise the right to ECD for children with disabilities. The findings of the research show a significant gap in government-funded ECD services for children with disabilities, which means that children with disabilities do not enjoy the right to ECD on an equal basis with other children. The research attributes this gap to early ECD policy which did not create an enabling environment for children with disabilities. The research acknowledges government’s commitment to realise the right to ECD without discrimination as expressed in the recent National Integrated ECD Policy, but submits that given the gap that already exists, government efforts aimed at ECD must be intensified for children with disabilities. It also submits that the recognition of ECD as a right in the National Integrated ECD Policy necessitates the realisation of ECD from a rights-based perspective. The historical critique of ECD policy offered in this research shows how government discussions in the fledgling democracy envisaged a rights-based approach to ECD. However, subsequent ECD policy development and implementation did not guarantee the State’s accountability based on the normative framework guaranteed by the Constitution, the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. The research submits that the National Integrated ECD Policy, which is rights-based, signals a return to the vision of realising services for children within a rights-based framework expressed in the 1996 National Programme of Action for Children. It argues that translating the commitments in the National Integrated ECD Policy into legislation would be a significant step towards ensuring the State’s accountability. The research agrees with ECD proponents that strategic litigation would also play a significant role in advancing children’s right to ECD. Recent litigation which focused on ECD funding is a way forward. Overall, this study contributes to the movement that seeks to ensure that children with disabilities enjoy human rights and freedoms on an equal basis with other children. Private Law LLM (Child Law) Unrestricted 2022-09-05T07:24:55Z 2022-09-05T07:24:55Z 2022 2022 Mini Dissertation Sibanyoni, N 2022, A rights-based approach to inclusive early childhood education in South Africa, LLM mini-dissertation, University of Pretoria, viewed yymmdd https://repository.up.ac.za/handle/2263/87058 A2023 https://repository.up.ac.za/handle/2263/87058 en © 2022 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle Early Childhood Development
Rights-based approach
Disability
Inclusion
Policy
UCTD
A rights-based approach to inclusive early childhood education in South Africa
title A rights-based approach to inclusive early childhood education in South Africa
title_full A rights-based approach to inclusive early childhood education in South Africa
title_fullStr A rights-based approach to inclusive early childhood education in South Africa
title_full_unstemmed A rights-based approach to inclusive early childhood education in South Africa
title_short A rights-based approach to inclusive early childhood education in South Africa
title_sort rights based approach to inclusive early childhood education in south africa
topic Early Childhood Development
Rights-based approach
Disability
Inclusion
Policy
UCTD
url https://repository.up.ac.za/handle/2263/87058