South African Journal on Human Rights最新文献_第3页

New beginnings: The right to equality and early childhood care and education 新的起点:享有平等和幼儿保育和教育的权利

IF 0.9 4区社会学

South African Journal on Human Rights Pub Date : 2022-10-02 DOI: 10.1080/02587203.2023.2214372

S. Fredman, G. Donati, S. Naicker

{"title":"New beginnings: The right to equality and early childhood care and education","authors":"S. Fredman, G. Donati, S. Naicker","doi":"10.1080/02587203.2023.2214372","DOIUrl":"https://doi.org/10.1080/02587203.2023.2214372","url":null,"abstract":"Abstract While South Africa has seen important advances in the provision of early childhood care and education (ECCE), about 3.2 million children still lack access to any programme. Problems of access and quality are most pronounced in the poorest communities. Even before Covid-19 forced many providers to close, these programmes were overcrowded, with poor infrastructure, and an under-paid and under-qualified workforce. ECCE is crucial for a child’s development, meaning that these inequalities are amplified in school and later life. This has knock-on effects for caregivers, particularly women, and their ability to access quality work. This article argues that the right to equality can be mobilised both in relation to the Constitution of the Republic of South Africa, 1996 and international law to address these disparities. By using a framework of substantive equality, we conclude that poverty, gender and race are potential grounds for discrimination both directly and indirectly. We further propose that resource-based justifications for limiting this right are unacceptable when budgets permit unequal resource distribution and contravene a government’s positive duty to fulfil the right to equality.","PeriodicalId":44989,"journal":{"name":"South African Journal on Human Rights","volume":"38 1","pages":"167 - 191"},"PeriodicalIF":0.9,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42031333","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The right of children with disabilities to early childhood development: Is South Africa complying with international law? 残疾儿童早期发展的权利:南非是否遵守国际法?

IF 0.9 4区社会学

South African Journal on Human Rights Pub Date : 2022-10-02 DOI: 10.1080/02587203.2022.2149421

M. Bekink

引用次数: 0

Early childhood development and decent jobs for women: Planting two trees from one seed? 儿童早期发展和妇女体面工作:一粒种子种两棵树?

IF 0.9 4区社会学

South African Journal on Human Rights Pub Date : 2022-10-02 DOI: 10.1080/02587203.2023.2214371

Megan Rose Bryer, Yana van Leeve

{"title":"Early childhood development and decent jobs for women: Planting two trees from one seed?","authors":"Megan Rose Bryer, Yana van Leeve","doi":"10.1080/02587203.2023.2214371","DOIUrl":"https://doi.org/10.1080/02587203.2023.2214371","url":null,"abstract":"Abstract This article examines the tension in the South African early childhood development policy space between expanding necessary social services to young children (and their caregivers) and increasing job opportunities for women, in the context of neoliberal economic policies aimed at decreasing public spending on social services. These tensions arise most sharply between developing a universal system for early learning provisioning – analogous to systems for basic education – and leading early learning expansion through small-scale private providers, hoping that markets will resolve challenges around sustainable employment opportunities and quality and access to early learning programmes. Our aim is to contribute to a broader discussion on the intersections between economics and human rights. We question the possibility for meaningfully realising the rights of young children in the context of economic policies that constrain the state and position a job as the only means through which to empower. We conclude that economic policies geared towards reducing the role of the state in delivering services while markets are handed responsibility to resolve access to fundamental rights will not deliver universal care and education to young children or decent work for women, at least not simultaneously.","PeriodicalId":44989,"journal":{"name":"South African Journal on Human Rights","volume":"38 1","pages":"261 - 284"},"PeriodicalIF":0.9,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46910090","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Assessing the policy options for the public provisioning of early childhood development programmes 评估公共提供幼儿发展方案的政策选择

IF 0.9 4区社会学

South African Journal on Human Rights Pub Date : 2022-10-02 DOI: 10.1080/02587203.2022.2149614

L. Brooks, Janeli Kotze, C. Almeleh, Enganas Senona

{"title":"Assessing the policy options for the public provisioning of early childhood development programmes","authors":"L. Brooks, Janeli Kotze, C. Almeleh, Enganas Senona","doi":"10.1080/02587203.2022.2149614","DOIUrl":"https://doi.org/10.1080/02587203.2022.2149614","url":null,"abstract":"Abstract Levels of access to early childhood development (ECD) programmes in South Africa are around 35 per cent for children aged zero to five, and lower for children in poor households. This despite evidence linking participation to benefits that address poverty, inequality and unemployment, especially for children from disadvantaged backgrounds. Notwithstanding government’s commitment to ECD as a universal right in ECD policy, state subsidies benefit only 13 per cent of children in quintiles one to three, limited by marginal increases in public sector budgets over the past decade. Shifting responsibility for ECD programmes to the Department of Basic Education (DBE) has the potential to catalyse broad reform to ensure universal access to quality ECD programmes. This paper considers the access gap that the DBE must address to realise the universal right to ECD. It evaluates two policy approaches to the expansion of public provision of ECD programmes: through a purpose-built centre approach or a mixed-model approach. The cost, capacity and policy implications for these two expansion approaches are evaluated, showing that a mixed-model approach will enable the realisation of the universal right to ECD more cost-efficiently than a purpose-built centre approach.","PeriodicalId":44989,"journal":{"name":"South African Journal on Human Rights","volume":"38 1","pages":"240 - 260"},"PeriodicalIF":0.9,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41912302","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

In whose best interests? The ECD regulatory framework, understandings of the best interests of the young child and access to quality early education 为了谁的最大利益？幼儿发展监管框架、对幼儿最大利益的理解以及获得优质早期教育的机会

IF 0.9 4区社会学

South African Journal on Human Rights Pub Date : 2022-10-02 DOI: 10.1080/02587203.2023.2169750

L. Biersteker, L. Berry, M. Gwele

{"title":"In whose best interests? The ECD regulatory framework, understandings of the best interests of the young child and access to quality early education","authors":"L. Biersteker, L. Berry, M. Gwele","doi":"10.1080/02587203.2023.2169750","DOIUrl":"https://doi.org/10.1080/02587203.2023.2169750","url":null,"abstract":"Abstract The Constitution of the Republic of South Africa 1996, and early childhood development policy, legislation and regulations prioritise the best interests of the child. The United Nations Committee on the Rights of the Child General Comment 7 provides guidance on how best interests should be applied for young children to protect their rights and promote their survival, protection, and development, as well as measures to support and assist parents and others responsible for realising children’s rights. The ECD regulatory framework defines quality standards and monitoring is undertaken by local government and provincial education departments. The Children’s Act 38 of 2005 (as amended) provides for ‘developing appropriate parenting skills and capacity of parents and caregivers to safeguard the well-being and interests of children’. These align with General Comment 7. However, a conspicuous gap in the regulatory framework is the limited focus on the programme quality critical for realising the right to education. Further, we contend the contextual factors are not sufficiently considered in the application of ECD regulations. Using a case study approach, we explore how the best interests of the child, regarding access to quality early education, are interpreted by different stakeholders in a diverse, vulnerable community and compare these views with the operationalisation of the best interests principle in our regulatory framework.","PeriodicalId":44989,"journal":{"name":"South African Journal on Human Rights","volume":"38 1","pages":"215 - 239"},"PeriodicalIF":0.9,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48617630","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Renewal and Reform: Special Issue on ‘Realising the Rights of Children to Quality Early Childhood Development in South Africa’ 更新与改革:“在南非实现儿童享有高质量幼儿发展的权利”特刊

IF 0.9 4区社会学

South African Journal on Human Rights Pub Date : 2022-10-02 DOI: 10.1080/02587203.2022.2221516

Nurina Ally, Karabo Ozah, Tess N. Peacock

引用次数: 0

Delictual liability for injuries suffered at childcare centres 儿童保育中心受伤的实际责任

IF 0.9 4区社会学

South African Journal on Human Rights Pub Date : 2022-09-05 DOI: 10.1080/02587203.2022.2116596

L. Boonzaier

{"title":"Delictual liability for injuries suffered at childcare centres","authors":"L. Boonzaier","doi":"10.1080/02587203.2022.2116596","DOIUrl":"https://doi.org/10.1080/02587203.2022.2116596","url":null,"abstract":"Abstract The Constitutional Court has recently given an important judgment about the delictual liability of the state for injuries sustained by a child at an early childhood development (ECD) centre: BE obo JE v MEC for Social Development, Western Cape. The Court substantially confirmed the Supreme Court of Appeal (SCA) judgment in the same matter. Both judgments built upon the preceding SCA judgment in Government of the Western Cape: Department of Social Development v CB, which, like BE, involved a tragic accident at an ECD centre. With the appearance of these judgments, it is a good time to assess our courts’ willingness to provide delictual remedies for injuries suffered at childcare centres, and to consider the status of South African public authority liability in general. I explain that the omissions liability of public authorities for negligently caused bodily injury has expanded significantly since 2002. The High Court judgments in BE and CB, which imposed liability on the Department of Social Development, were consistent with this. But the appellate judgments may suggest a retreat from our law’s expansionary approach. I discuss the reasons of policy and principle why such a retreat might be welcome, both for organs of state and the legal system as a whole. I also consider the potential delictual liability of the ECD centres themselves, as well as local authorities, for incidents of the kind in BE and CB. Finally, I consider two hypothetical cases that help to illustrate potential future developments for public authority liability in South Africa.","PeriodicalId":44989,"journal":{"name":"South African Journal on Human Rights","volume":"38 1","pages":"309 - 330"},"PeriodicalIF":0.9,"publicationDate":"2022-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45163816","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Resource allocation for the realisation of women’s rights: Building on previous gender budgeting initiatives in South Africa 实现妇女权利的资源分配：以南非以往的性别预算举措为基础

IF 0.9 4区社会学

South African Journal on Human Rights Pub Date : 2022-06-14 DOI: 10.1080/02587203.2022.2067591

Ashwanee Budoo-Scholtz

引用次数: 0

The evolution and development of the principle of free, prior and informed consent in South Africa 南非自由、事先和知情同意原则的演变和发展

IF 0.9 4区社会学

South African Journal on Human Rights Pub Date : 2022-04-03 DOI: 10.1080/02587203.2022.2090427

Naledzani Mukwevho

引用次数: 0

How can talent management promote human rights, accelerate inclusion and advance persons with disabilities in the workplace? 人才管理如何在工作场所促进人权、加速包容和提升残疾人的地位?

IF 0.9 4区社会学

South African Journal on Human Rights Pub Date : 2022-04-03 DOI: 10.1080/02587203.2022.2129432

Lindani Nxumalo

{"title":"How can talent management promote human rights, accelerate inclusion and advance persons with disabilities in the workplace?","authors":"Lindani Nxumalo","doi":"10.1080/02587203.2022.2129432","DOIUrl":"https://doi.org/10.1080/02587203.2022.2129432","url":null,"abstract":"Abstract Persons with disabilities are amongst disadvantaged groups in society with rarer employment prospects compared to individuals without disabilities. Even if they meet the essential requirements of the job, advertisements may be inaccessible or otherwise inappropriate to facilitating their employment. When employed, they are not given full recognition like employees without disabilities and are not matched to the right positions that suites their needs. Additionally, they are not reasonable accommodated and provided with the necessary tools of trade. Consequently, entering the world of work is a challenge for them and when employed, they remain in lower positions with no career advancement and struggle to retain employment in South Africa. The above challenges are in violation of their human rights especially their right to work and talks to the challenges with talent management in the workplace. Against this background, this article examines, through doctrinal research methodology, the role of talent management towards the promotion of the rights of persons with disabilities in the workplace. It further explored pertinent legislative provisions relating to recruitment, selection and retention of employees and reasonable accommodation for the disabled. Based on the literature reviewed, it was established that talent management is a legislative requirement and that there is a nexus between talent management (which is the management discipline) and reasonable accommodation for persons with disabilities. Finally, recommendations were advanced towards the development of practical talent management initiatives to advance human rights and achieve inclusion of persons with disabilities in the workplace.","PeriodicalId":44989,"journal":{"name":"South African Journal on Human Rights","volume":"38 1","pages":"46 - 69"},"PeriodicalIF":0.9,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41543944","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0