ABSTRACT
The student-led protest known as ‘#FeesMustFall’ demanded free tertiary education and this demand was eventually met towards the end of 2017. In South Africa, as may be expected from developing countries, the largest slice of total expenditure is allocated to education. However, dividing this between the different sectors in education involves prioritising and agreement on the standards to be applied in that process.
The interpretation and the application of Article 2 of the CRC and other international and regional instruments are critically evaluated as it applies to the basic education of children with severe and profound intellectual disabilities. The constitutional rights pertaining to education is analysed in the context of these children against the backdrop of a very important judgment of the High Court in Western Cape Forum for Intellectual Disability v Government of the Republic of South Africa. The impact thereof is critically evaluated and hidden discriminatory practices are revealed.
This paper proposes that international standards should guide the process of prioritising funding and concludes that hidden discrimination practices in the education sector relating to access to basic education are challenging the rights of children with disabilities in spite of a model Constitution and aspirational policies.
