The interaction of children's rights, education rights and freedom of religion in South African schools
- Authors: Chetty, Kasturi
- Date: 2013
- Subjects: Children's rights -- South Africa , Children -- Legal status, laws, etc -- South Africa , Freedom of religion -- South Africa , School children -- South Africa
- Language: English
- Type: Thesis , Doctoral , LLD
- Identifier: vital:10295 , http://hdl.handle.net/10948/d1020864
- Description: This study examines the topic of the interaction of children’s rights, education rights and freedom of religion in South African schools from a legal perspective. It comprises of a discussion on the historical development of religion in South African schools; South Africa’s international obligations with regards to children’s rights, education rights and freedom of religion and the South African substantive law pertaining to children rights, education and freedom of religion as impacting on legal issues pertaining to religion in schools. The study utilises a desktop approach, which comprises of a wide range of legal and other literary sources, international instruments, statutes and case law on children’s rights, education rights and freedom of religion. Importantly, it highlights the integral connection between these aforementioned rights when dealing with issues pertaining to religion in schools. This thesis illustrates that much of the historical development of religion in schools took place without consideration of children’s rights, or more particularly, the best interests of the learners. Instead, (a particular brand of) religious beliefs were promoted in education above other religions and the well-being of school-children. Furthermore, despite the introduction of specific children’s rights into the Constitution, this thesis emphasises that the rights of children have still not been recognised sufficiently in education laws and policies. It is submitted that children’s rights have a paramount and practical role to play in matters pertaining to religion in South African schools. Consequently, it is recommended that children’s rights, more particularly the best interests of the child principle, should be expressly introduced into education legislation and policies. This will create legal obligations for school administrators and SGBs on the inclusion of children’s rights in religious exemption procedures. Furthermore, it is recommended that national guidelines on religious/cultural exemptions (which incorporate children’s rights) be developed which will set legal parameters for the handling of religious/cultural exemption procedures in schools. This thesis also argues against the interpretation that the right to establish private schools includes the right to require religious conformity from non-adherent learners by way of a complete waiver of their religious freedom. Despite the importance of respecting the right of religious communities to protect and preserve their faith in private schools, it is submitted that this right cannot be exercised without regard for the religious freedom, dignity and best interests of non-adherent children. As a result, it is submitted that the waiver of the freedom of religion of non-adherent children is not consistent with the values which South African society reveres and therefore cannot be enforced. This thesis suggests that there is a way for the rights of private schools and the rights of non-adherent children to co-exist in harmony through the application of the reasonable accommodation principle in private schools. Reasonable accommodation of different faiths teaches religious tolerance to leaners in private schools and ensures that they are prepared to grapple with the religious diversity that they will inevitably face outside of the school environment. It is submitted that the enforcement of reasonable accommodation in private schools is to the benefit of all learners in private schools and to South African society in general. Moreover, this study questions and analyses the state’s provision of compulsory religion education in public schools through the National Policy on Religion and Education. A theoretical distinction is made between religion education and religious instruction in the National Policy itself. Religious instruction refers to the teaching of specific religious beliefs. Religion education refers to the teaching about different religions and worldviews from an academic perspective. It is submitted that the National Policy is correct in removing religious instruction from public schools as this would not be in accordance with freedom of religion or equality rights of learners who are not of the majority faith. It is submitted further that, although the provision of compulsory religion education in public schools impacts upon the freedom of religion of learners and their parents, (if taught correctly) it is a reasonable and justifiable limitation on freedom of religion in that it pursues the legitimate state goal of nation-building through the teaching of religious tolerance and “celebrating diversity” in schools. In light of South Africa’s history of religious discrimination, it must be recognised that the current position (although not problem- free) is a significant step forward in the protection of minority religious rights in South African schools. Despite this, it is submitted that there are numerous problems with the implementation of the National Policy that impact upon the dignity, equality and other rights of the learners concerned. These problems cannot be ignored since they impact upon the daily lives of school children. However, many of these problems can be minimised through more effective teacher training in this subject area. Accordingly, this thesis recommends that the current position be maintained as an acceptable compromise between the two extremes of providing religious instruction in one faith and removing religion education from public schools altogether. However, it emphasises that the state has to make a concerted effort to improve teacher training in this subject area in order to ensure that the objectives of the National Policy are carried out as envisaged. Furthermore, this thesis finds that certain provisions of the National Policy contain not only educational goals, but spiritual goals. Also in some instances, it is difficult to determine whether the religion education curriculum borders on being religious or not. In accordance with freedom of religion, it is submitted that the line between religion education and religious instruction must be clearly drawn in law and in practice. Consequently, the state must reconsider the National Policy and the corresponding religion education curriculum to ensure that they are aligned with the objectives of nation-building in all respects, meaning that any provisions or learning outcomes which have purely spiritual goals- must be amended or removed.
- Full Text:
- Date Issued: 2013
- Authors: Chetty, Kasturi
- Date: 2013
- Subjects: Children's rights -- South Africa , Children -- Legal status, laws, etc -- South Africa , Freedom of religion -- South Africa , School children -- South Africa
- Language: English
- Type: Thesis , Doctoral , LLD
- Identifier: vital:10295 , http://hdl.handle.net/10948/d1020864
- Description: This study examines the topic of the interaction of children’s rights, education rights and freedom of religion in South African schools from a legal perspective. It comprises of a discussion on the historical development of religion in South African schools; South Africa’s international obligations with regards to children’s rights, education rights and freedom of religion and the South African substantive law pertaining to children rights, education and freedom of religion as impacting on legal issues pertaining to religion in schools. The study utilises a desktop approach, which comprises of a wide range of legal and other literary sources, international instruments, statutes and case law on children’s rights, education rights and freedom of religion. Importantly, it highlights the integral connection between these aforementioned rights when dealing with issues pertaining to religion in schools. This thesis illustrates that much of the historical development of religion in schools took place without consideration of children’s rights, or more particularly, the best interests of the learners. Instead, (a particular brand of) religious beliefs were promoted in education above other religions and the well-being of school-children. Furthermore, despite the introduction of specific children’s rights into the Constitution, this thesis emphasises that the rights of children have still not been recognised sufficiently in education laws and policies. It is submitted that children’s rights have a paramount and practical role to play in matters pertaining to religion in South African schools. Consequently, it is recommended that children’s rights, more particularly the best interests of the child principle, should be expressly introduced into education legislation and policies. This will create legal obligations for school administrators and SGBs on the inclusion of children’s rights in religious exemption procedures. Furthermore, it is recommended that national guidelines on religious/cultural exemptions (which incorporate children’s rights) be developed which will set legal parameters for the handling of religious/cultural exemption procedures in schools. This thesis also argues against the interpretation that the right to establish private schools includes the right to require religious conformity from non-adherent learners by way of a complete waiver of their religious freedom. Despite the importance of respecting the right of religious communities to protect and preserve their faith in private schools, it is submitted that this right cannot be exercised without regard for the religious freedom, dignity and best interests of non-adherent children. As a result, it is submitted that the waiver of the freedom of religion of non-adherent children is not consistent with the values which South African society reveres and therefore cannot be enforced. This thesis suggests that there is a way for the rights of private schools and the rights of non-adherent children to co-exist in harmony through the application of the reasonable accommodation principle in private schools. Reasonable accommodation of different faiths teaches religious tolerance to leaners in private schools and ensures that they are prepared to grapple with the religious diversity that they will inevitably face outside of the school environment. It is submitted that the enforcement of reasonable accommodation in private schools is to the benefit of all learners in private schools and to South African society in general. Moreover, this study questions and analyses the state’s provision of compulsory religion education in public schools through the National Policy on Religion and Education. A theoretical distinction is made between religion education and religious instruction in the National Policy itself. Religious instruction refers to the teaching of specific religious beliefs. Religion education refers to the teaching about different religions and worldviews from an academic perspective. It is submitted that the National Policy is correct in removing religious instruction from public schools as this would not be in accordance with freedom of religion or equality rights of learners who are not of the majority faith. It is submitted further that, although the provision of compulsory religion education in public schools impacts upon the freedom of religion of learners and their parents, (if taught correctly) it is a reasonable and justifiable limitation on freedom of religion in that it pursues the legitimate state goal of nation-building through the teaching of religious tolerance and “celebrating diversity” in schools. In light of South Africa’s history of religious discrimination, it must be recognised that the current position (although not problem- free) is a significant step forward in the protection of minority religious rights in South African schools. Despite this, it is submitted that there are numerous problems with the implementation of the National Policy that impact upon the dignity, equality and other rights of the learners concerned. These problems cannot be ignored since they impact upon the daily lives of school children. However, many of these problems can be minimised through more effective teacher training in this subject area. Accordingly, this thesis recommends that the current position be maintained as an acceptable compromise between the two extremes of providing religious instruction in one faith and removing religion education from public schools altogether. However, it emphasises that the state has to make a concerted effort to improve teacher training in this subject area in order to ensure that the objectives of the National Policy are carried out as envisaged. Furthermore, this thesis finds that certain provisions of the National Policy contain not only educational goals, but spiritual goals. Also in some instances, it is difficult to determine whether the religion education curriculum borders on being religious or not. In accordance with freedom of religion, it is submitted that the line between religion education and religious instruction must be clearly drawn in law and in practice. Consequently, the state must reconsider the National Policy and the corresponding religion education curriculum to ensure that they are aligned with the objectives of nation-building in all respects, meaning that any provisions or learning outcomes which have purely spiritual goals- must be amended or removed.
- Full Text:
- Date Issued: 2013
An investigation into the visual literacy skills of Black primary-school children from an informal settlement in Cape Town, with particular reference to visual imagery in educational textbooks
- Authors: Griffiths, Corona Gracelyn
- Date: 1997
- Subjects: Textbooks Illustrations , Visual literacy , Literacy -- South Africa , Visual literacy -- South Africa , Visual communication , Black people -- Education (Primary) -- South Africa , School children -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2403 , http://hdl.handle.net/10962/d1002199 , Textbooks Illustrations , Visual literacy , Literacy -- South Africa , Visual literacy -- South Africa , Visual communication , Black people -- Education (Primary) -- South Africa , School children -- South Africa
- Description: This thesis provides evidence that learning difficulties some. black primary-schoolchildren may experience with certain textbooks, can be attributed, in part, to the visual text (imagery). These difficulties were established by eliciting responses from educationally dlscfdvantaged urban black primary learners to selected examples of visual texts using the Research Interview method. To further establish if these difficulties were attributable either to poorly executed/unrecognizable visual text, or to low levels of learned educational visual literacy skills - white primary-school children were also interviewed - as it was anticipated that they would be familiar with Western pictorial material due to their consistent exposure to books from an early age. The difficulties experienced by the black interviewees were attributed mainly to their level of learned pictorial perceptual skills and to a lesser extent to poorly/inadequately illustrated visual texts. It was found from interviews with the developers of visual texts - publishing personnel and illustrators - that the former were not entirely certain e.xactly which aspects of visual text were difficult for black primary learners to comprehend, while the latter were generaUy very uncertain. The procedure for visual text development by the developers (including textbook authors), was found to be problematic due to the lack of synthesis and consultative decision making in the process- between these persons. The limited time allocated to illustrators for producing visual text, as well as their professional isolation, were found to be factors which can give rise to ineffective and inadequate visual texts. Most publishers and authors, if they trial (field-test) materials, generally do not trial the visual text. The visual text is usually decided upon ultimately by the poblishers and produced after trialling and/or consultants have examined the written text. Consequently incongruent meanings and inconsistencies can result between written and visual text, which can affect the learning effectiveness of the composite text. Trialling (field-testing) of visual and written text together, was recommended to identify and address any difficulties experienced by learners prior to final publication of the textbook. Recommendations were provided for textbook selection committees, authors, teachers, publishers and illustrators.
- Full Text:
- Date Issued: 1997
- Authors: Griffiths, Corona Gracelyn
- Date: 1997
- Subjects: Textbooks Illustrations , Visual literacy , Literacy -- South Africa , Visual literacy -- South Africa , Visual communication , Black people -- Education (Primary) -- South Africa , School children -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2403 , http://hdl.handle.net/10962/d1002199 , Textbooks Illustrations , Visual literacy , Literacy -- South Africa , Visual literacy -- South Africa , Visual communication , Black people -- Education (Primary) -- South Africa , School children -- South Africa
- Description: This thesis provides evidence that learning difficulties some. black primary-schoolchildren may experience with certain textbooks, can be attributed, in part, to the visual text (imagery). These difficulties were established by eliciting responses from educationally dlscfdvantaged urban black primary learners to selected examples of visual texts using the Research Interview method. To further establish if these difficulties were attributable either to poorly executed/unrecognizable visual text, or to low levels of learned educational visual literacy skills - white primary-school children were also interviewed - as it was anticipated that they would be familiar with Western pictorial material due to their consistent exposure to books from an early age. The difficulties experienced by the black interviewees were attributed mainly to their level of learned pictorial perceptual skills and to a lesser extent to poorly/inadequately illustrated visual texts. It was found from interviews with the developers of visual texts - publishing personnel and illustrators - that the former were not entirely certain e.xactly which aspects of visual text were difficult for black primary learners to comprehend, while the latter were generaUy very uncertain. The procedure for visual text development by the developers (including textbook authors), was found to be problematic due to the lack of synthesis and consultative decision making in the process- between these persons. The limited time allocated to illustrators for producing visual text, as well as their professional isolation, were found to be factors which can give rise to ineffective and inadequate visual texts. Most publishers and authors, if they trial (field-test) materials, generally do not trial the visual text. The visual text is usually decided upon ultimately by the poblishers and produced after trialling and/or consultants have examined the written text. Consequently incongruent meanings and inconsistencies can result between written and visual text, which can affect the learning effectiveness of the composite text. Trialling (field-testing) of visual and written text together, was recommended to identify and address any difficulties experienced by learners prior to final publication of the textbook. Recommendations were provided for textbook selection committees, authors, teachers, publishers and illustrators.
- Full Text:
- Date Issued: 1997
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