While South Africa’s Constitution and international human rights instruments enshrine the right to education as fundamental, undocumented persons continue to face significant barriers in accessing further education, due to legal and policy frameworks. This dissertation examines how South Africa’s legal framework addresses the right to further education for undocumented persons. The decline in accessing further education for this vulnerable group further limits their ability to participate in society, making them susceptible to numerous rights violations including of the right to be protected against unfair discrimination. This dissertation aims to critically evaluate the existing framework governing the access to the right to education in South Africa. The dissertation builds on the Phakamisa judgment, which upheld undocumented learners’ right to basic education, and explores its implications for the more contested right to further education, considering debates about the scope and progressive realisation of this right. By examining legislative frameworks, education policies, recent reforms and international legal perspectives, this dissertation seeks to explore the potential for further legal reform aimed at balancing national immigration concerns with the imperative of equal access to further education for all.
- The right to access further education for undocumented persons : evaluating legal reforms in South Africa
- Nomfundo Moema
- Meghan Finn
- University of Johannesburg; LLM
- LLM, University of Johannesburg
- 9963306507691
- University of Johannesburg
- University of Johannesburg; Faculty of Law
- English
- Thesis