Incidents such as the ongoing violent protests in Vuwani, which have shut schools and denied children’s rights to education; media reports last week of a video of a 16 year old learner with a disability at the Adelaide Tambo School in Soweto being assaulted by staff members; as well as other allegations of violations reported to the Commission, point to wide-spread, systemic violations of children’s human rights.

The incidences above, as well as innumerable others that have come to light through media reports highlight violations of the constitutional provisions intended to protect children’s rights to dignity, to freedom of security and safety of the person, and to the right not to be abused or maltreated.

In addition to the protections offered to children by the Constitution, the country is also party to regional and international instruments intended to protect children’s human rights, including the Convention on the Rights of Persons with Disabilities (CRPD); the Convention on the Rights to the Child (CRC); and the African Charter on the Rights and Welfare of the Child (ACRWC).

In 2016, more than 50 000 learners were affected during demarcation protests that erupted in the Vuwani District of Limpopo.  In excess of twenty schools were burnt in the protest action that followed the Limpopo High Court ruling confirming the incorporation of Vuwani into the Malamulele district. The Commission has, through its provincial offices, observed and monitored the ongoing protests in the country, some related to demarcation but most of them relating to service delivery.

The most recent protests in Vuwani, which have resulted in school closures, once again imperil the rights of children to education.

On Thursday, 21 September 2017, the SAHRC’s Commissioner Angie Makwetla had an urgent meeting with the Director General in the Office of the Premier of Limpopo and the the Pro-Makhado task team, during which an assurance was given that children will return to school on Tuesday, 26 September 2017.

“The best interests of children should come first,” said Commissioner Angie Makwetla, SAHRC Commissioner responsible for Children’s Rights.

“Children have a constitutional right to basic education. Communities, parents, caregivers need to understand that education is a facilitative right, which unlocks a range of other rights.  Actions that impede children’s education have a long-term impact and can have a detrimental impact on children’s lives well into adulthood,” continued Makwetla.

“The SAHRC sincerely hopes that all parties stick to the agreement and that children do return to school on Tuesday,” said Makwetla.

The SAHRC will continue to monitor the situation in Vuwani.

With respect to the incident involving the learner at the Adelaide Tambo School, the Commission has written to the Gauteng Department of Basic Education requesting information on

1. A full and formal report of the incident;
2. Confirmation of what steps have been taken by the Department to address the incident and the parties involved in the assault;
3. In particular, confirmation of what steps have been taken to assist the child and her family; and
4. Confirmation of whether the Department has or will investigate the Adelaide Tambo School for the Disabled to determine whether similar abuses have been suffered by leaners of this school and to prevent further

The Commission is also investigating a matter in KwaZulu-Natal alleging the abuse of another child with disabilities at a special needs school.

The Commission, concerned by the myriad ways in which children’s rights are being violated, and in the interests of promoting, monitoring and furthering the realisation of children’s rights, has set up dedicated Child Friendly Spaces in all 9 its provincial offices.  The Commission would like to encourage children, parents, and caregivers to lodge complaints on matters that violate children’s human rights.

Parents, caregivers, educators, and all adults have a clear obligation to protect children from harm and to ensure that hard-won rights and protections enshrined in our Constitution become a lived reality for the children in South Africa.  In an open and democratic society based on human dignity, equality, and freedom, special pains must be taken by to ensure these values and rights are protected.

Ends 

Issued by the South African Human Rights Commission

SAHRC Spokesperson: Gail Smith. Contact: 060 988 3792, This email address is being protected from spambots. You need JavaScript enabled to view it.