In South Africa, the issue of undocumented children's access to education has been controversial. The country is known for its commitment to the promotion of human rights and equal opportunities, which includes ensuring all children have access to quality education. However, this principle becomes more complex when it comes to undocumented children. What do you think? Scorpion Legal Protection discusses.
What Is Meant By 'Undocumented Children'?
Undocumented children are those who do not possess valid legal status in the country. They may have entered South Africa without the necessary documents or overstayed their visas. This vulnerable group of children often faces numerous barriers to accessing education, which can have long-term implications for their development and ability to contribute positively to society.
What Does The Law Say?
South Africa has a constitutional framework that guarantees the right to basic education for all children, regardless of their immigration status. The Constitution states that "everyone has the right to basic education" and that "no one may be refused admission to a public school on the grounds of their immigration status." This legal provision aims to ensure equal opportunities and access to education for all children residing in the country.
However, the reality often differs from what the law says. Many undocumented children encounter obstacles when trying to enrol in public schools. Some schools require specific documents, such as birth certificates, passports, or proof of residence, which undocumented children may not possess.
How Is This Issue Being Addressed?
To address this issue, the South African government has put in place measures to protect the right to education for undocumented children. The Department of Basic Education issued a circular in 2015, clarifying that no child should be denied access to education based on their immigration status. It encourages schools to admit undocumented children and assists them in obtaining necessary documents, such as identification numbers.
However, despite these efforts, challenges persist. Many undocumented children continue to face barriers to accessing education due to a lack of awareness among relevant stakeholders, or negative attitudes towards immigrants.
If you are a member of Scorpion Legal Protection facing this issue, reach out to us for help. Scorpion has a dedicated team of specialists in our Specialist Foreign Nationals Department who are ready to assist. Not a member? Join now.
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* This is only basic legal advice and cannot be relied on solely. The information is correct at the time of being sent to publishing.