Examining the reasons for the exclusion of pregnant learners from school through the school governing body pregnancy policy
- Bamidele, James Seidu https://orcid.org/0000-0001-6641-0385
- Authors: Bamidele, James Seidu https://orcid.org/0000-0001-6641-0385
- Date: 2017-07
- Subjects: School board members , Pregnant teenagers , Human rights
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/22979 , vital:53375
- Description: Discrimination is a serious violation of human rights and it is strongly condemned by various legal instruments in South Africa. The South African Constitution (1996), Promotion of Administration Justice Act (2000) and Promotion of Equality and Prevention of Unfair Discrimination Act (2000) forbade discrimination and exclusion of pregnant learners from school. In spite of these legislative frameworks, School Governing Body (SGB) continues to exclude pregnant learners from school. SGB claimed that pregnant learners are harmful to other female learners and is becoming a significant barrier to girls’ education. Research shows that learners’ pregnancy is predominant in rural areas, apparently poses a threat to female education (Annual School Survey Report, 2010). The purpose of this dissertation is to establish that SGB lacks power to do so; however, their resistance to the law by excluding the pregnant learners from school is in conflict with the South African Constitution. This dissertation investigated an alternative instrument of legal remedy to reduce the problem of learners’ pregnancy rather than exclusion. The theoretical framework of this study is informed by Public Policy Theory (Ijeoma, 2010). Literatures and scholarly works on education law (Oosthuizen, 2015) and articles on Learners’ pregnancy shall be reviewed (Morell, Bhana & Shefer, 2012). The study followed qualitative research method which utilizes a transformative research paradigm that provides a collective voice for the participants. The data is collected through focused interview and open-ended questions, and subsequently analysed to establish that SGB lacks power to exclude a pregnant learner from school. Finally, the study reveals an alternative instrument of legal remedy to reduce the alarming number of pregnant learners rather than exclusion. , Thesis (MEd) -- Faculty of Education, 2017
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- Authors: Bamidele, James Seidu https://orcid.org/0000-0001-6641-0385
- Date: 2017-07
- Subjects: School board members , Pregnant teenagers , Human rights
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/22979 , vital:53375
- Description: Discrimination is a serious violation of human rights and it is strongly condemned by various legal instruments in South Africa. The South African Constitution (1996), Promotion of Administration Justice Act (2000) and Promotion of Equality and Prevention of Unfair Discrimination Act (2000) forbade discrimination and exclusion of pregnant learners from school. In spite of these legislative frameworks, School Governing Body (SGB) continues to exclude pregnant learners from school. SGB claimed that pregnant learners are harmful to other female learners and is becoming a significant barrier to girls’ education. Research shows that learners’ pregnancy is predominant in rural areas, apparently poses a threat to female education (Annual School Survey Report, 2010). The purpose of this dissertation is to establish that SGB lacks power to do so; however, their resistance to the law by excluding the pregnant learners from school is in conflict with the South African Constitution. This dissertation investigated an alternative instrument of legal remedy to reduce the problem of learners’ pregnancy rather than exclusion. The theoretical framework of this study is informed by Public Policy Theory (Ijeoma, 2010). Literatures and scholarly works on education law (Oosthuizen, 2015) and articles on Learners’ pregnancy shall be reviewed (Morell, Bhana & Shefer, 2012). The study followed qualitative research method which utilizes a transformative research paradigm that provides a collective voice for the participants. The data is collected through focused interview and open-ended questions, and subsequently analysed to establish that SGB lacks power to exclude a pregnant learner from school. Finally, the study reveals an alternative instrument of legal remedy to reduce the alarming number of pregnant learners rather than exclusion. , Thesis (MEd) -- Faculty of Education, 2017
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Modern slavery and worst forms of child labour in South Africa: case of the former homeland areas
- Obi, A
- Authors: Obi, A
- Date: 2014
- Subjects: Human rights , Child labour , Slavery
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11104 , http://hdl.handle.net/10353/d1016119 , Human rights , Child labour , Slavery
- Description: Despite a progressive constitution lauded as one of the best and most forward-looking in the world, with an advanced Bill of Rights, instances of human rights violations have been detected at all levels of the South African society. The most disturbing revelations have been associated with situations in many farming communities in South Africa. On the basis of a comprehensive nationwide study initiated in June 2001 and documented in 2003, the South African Human Rights Commission (SAHRC) confirmed widespread human rights violations on South African farms. Through the efforts of the South African Human Rights Commission, many of these violations have been brought to the attention of the authorities and there are already numerous actions being taken to contain and possibly eliminate them. Among these is the Child Labour Programme of Action which was adopted in 2003 by the large number of government departments that constitute the stakeholders, particularly those that have responsibility for labour, education, provincial and local government, water services, justice, policing, prosecution, and social development. However, the SAHRC study had limited coverage due to constraints of time and funding and did not pay adequate attention to the former independent homelands. In addition to this significant shortcoming, recent international experience reveals other forms of violations that may not be immediately obvious and therefore go undetected for a very long time. Among these, the International Labour Organization (ILO), together with various non-Governmental Organizations (NGOs) and other bodies have drawn attention to existence of what are termed “worst forms of child labour”. The latter involves a wide range of abuses to which under-age individuals are subjected against their will and often exposed to hazards that may leave them permanently excluded from formal educational and economic opportunities. The fact that national definitions differ complicates the situation. As a result, systematic investigation is needed to see to what extent local practices compare with international norms and standards. Similarly, the fact that the former independent homelands were not adequately covered in such an important study that aimed to inform policy on the optimal direction of the transformation process also raises serious questions that must be addressed. This mini-dissertation documents evidence based on a rapid appraisal of farm and non-farm environments in two polar regions of the province, namely the Port St John’s Municipality in the Oliver Tambo District Municipality of the former Transkei homeland and Alice in the Nkonkobe Municipality of the former Ciskei homeland. Descriptive and content analysis methodologies were employed to analyze the data obtained from interviews of employers of labour, the labourers themselves, as well as community members and “bystanders” who had opinions about the insertion of children into the labour market. Correlational analysis and logistic regression were performed to draw inferences about the determinants of child labour in the farming system. The indication is that child labour is an established phenomenon whose discussion is however quite sensitive and elicits a wide range of emotions. The role of socioeconomic factors in influencing the decision to engage child labour seems to be quite extensive. For instance, monthly income of household has important practical implications for national and global policy on the use of child labour are foreseen and form the basis for the recommendations put forward to address the associated concerns.
- Full Text:
- Authors: Obi, A
- Date: 2014
- Subjects: Human rights , Child labour , Slavery
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11104 , http://hdl.handle.net/10353/d1016119 , Human rights , Child labour , Slavery
- Description: Despite a progressive constitution lauded as one of the best and most forward-looking in the world, with an advanced Bill of Rights, instances of human rights violations have been detected at all levels of the South African society. The most disturbing revelations have been associated with situations in many farming communities in South Africa. On the basis of a comprehensive nationwide study initiated in June 2001 and documented in 2003, the South African Human Rights Commission (SAHRC) confirmed widespread human rights violations on South African farms. Through the efforts of the South African Human Rights Commission, many of these violations have been brought to the attention of the authorities and there are already numerous actions being taken to contain and possibly eliminate them. Among these is the Child Labour Programme of Action which was adopted in 2003 by the large number of government departments that constitute the stakeholders, particularly those that have responsibility for labour, education, provincial and local government, water services, justice, policing, prosecution, and social development. However, the SAHRC study had limited coverage due to constraints of time and funding and did not pay adequate attention to the former independent homelands. In addition to this significant shortcoming, recent international experience reveals other forms of violations that may not be immediately obvious and therefore go undetected for a very long time. Among these, the International Labour Organization (ILO), together with various non-Governmental Organizations (NGOs) and other bodies have drawn attention to existence of what are termed “worst forms of child labour”. The latter involves a wide range of abuses to which under-age individuals are subjected against their will and often exposed to hazards that may leave them permanently excluded from formal educational and economic opportunities. The fact that national definitions differ complicates the situation. As a result, systematic investigation is needed to see to what extent local practices compare with international norms and standards. Similarly, the fact that the former independent homelands were not adequately covered in such an important study that aimed to inform policy on the optimal direction of the transformation process also raises serious questions that must be addressed. This mini-dissertation documents evidence based on a rapid appraisal of farm and non-farm environments in two polar regions of the province, namely the Port St John’s Municipality in the Oliver Tambo District Municipality of the former Transkei homeland and Alice in the Nkonkobe Municipality of the former Ciskei homeland. Descriptive and content analysis methodologies were employed to analyze the data obtained from interviews of employers of labour, the labourers themselves, as well as community members and “bystanders” who had opinions about the insertion of children into the labour market. Correlational analysis and logistic regression were performed to draw inferences about the determinants of child labour in the farming system. The indication is that child labour is an established phenomenon whose discussion is however quite sensitive and elicits a wide range of emotions. The role of socioeconomic factors in influencing the decision to engage child labour seems to be quite extensive. For instance, monthly income of household has important practical implications for national and global policy on the use of child labour are foreseen and form the basis for the recommendations put forward to address the associated concerns.
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Implementation of Domestic Violence Act No 116 of 1998 in South Africa: a case study of two townships in Nkonkobe Municipality District Eastern Cape Province
- Authors: Mesatywa, Nontando Jennifer
- Date: 2008
- Subjects: Human rights , Feminist theory , Domestic Violence Act No 116 1998 -- South Africa
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11107 , http://hdl.handle.net/10353/192 , Human rights , Feminist theory , Domestic Violence Act No 116 1998 -- South Africa
- Description: This is an exploratory study on the implementation of the Domestic Violence Act No 116 of 1998 in South Africa. It is a case study of two townships in the Nkonkobe Municipality District, Eastern Cape Province. The study was conducted at Ntselamanzi and Upper Qhumashe townships in Nkonkobe Municipality District, Eastern Cape. Since this is a qualitative exploratory study, in-depth interviews were conducted on a sample of ten women in abusive relationships and focus group interviews were conducted on five service providers for a triangulation. A study of related literature focused on African women in battered relationships. An African women’s perspective on the experiences of abuse have been explored. Gender based radical feminist views were discussed and legislations and conventions were analyzed from a human rights perspective. The implementation of the Domestic Violence Act and the role of service providers were also looked into. The findings suggest that African women experience abuse in partner relationships. They sustain grievous bodily harm, psychological, emotional and financial abuse. The patriarchy system, alcohol abuse, infidelity, traditional practices and failure to maintain children have been cited as some of the reasons. The social networks and service providers assisted these women to some extent. However, there is need for ethnic sensitive interdisciplinary training approach on African communities on the Act and a legal system that is accessible to rural women in order to curb further abuse. Various recommendations have been put forward. The study indicated a need for ethnic sensitive empowerment programs for the abused, rehabilitative programs that take into cognizance human rights violations of these women and the abusers, and effective legal remedies to prohibit women abuse.
- Full Text:
- Authors: Mesatywa, Nontando Jennifer
- Date: 2008
- Subjects: Human rights , Feminist theory , Domestic Violence Act No 116 1998 -- South Africa
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: vital:11107 , http://hdl.handle.net/10353/192 , Human rights , Feminist theory , Domestic Violence Act No 116 1998 -- South Africa
- Description: This is an exploratory study on the implementation of the Domestic Violence Act No 116 of 1998 in South Africa. It is a case study of two townships in the Nkonkobe Municipality District, Eastern Cape Province. The study was conducted at Ntselamanzi and Upper Qhumashe townships in Nkonkobe Municipality District, Eastern Cape. Since this is a qualitative exploratory study, in-depth interviews were conducted on a sample of ten women in abusive relationships and focus group interviews were conducted on five service providers for a triangulation. A study of related literature focused on African women in battered relationships. An African women’s perspective on the experiences of abuse have been explored. Gender based radical feminist views were discussed and legislations and conventions were analyzed from a human rights perspective. The implementation of the Domestic Violence Act and the role of service providers were also looked into. The findings suggest that African women experience abuse in partner relationships. They sustain grievous bodily harm, psychological, emotional and financial abuse. The patriarchy system, alcohol abuse, infidelity, traditional practices and failure to maintain children have been cited as some of the reasons. The social networks and service providers assisted these women to some extent. However, there is need for ethnic sensitive interdisciplinary training approach on African communities on the Act and a legal system that is accessible to rural women in order to curb further abuse. Various recommendations have been put forward. The study indicated a need for ethnic sensitive empowerment programs for the abused, rehabilitative programs that take into cognizance human rights violations of these women and the abusers, and effective legal remedies to prohibit women abuse.
- Full Text:
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