Pub Date : 2022-10-02DOI: 10.1080/02587203.2023.2214372
S. Fredman, G. Donati, S. Naicker
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.
{"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}
Pub Date : 2022-10-02DOI: 10.1080/02587203.2022.2149421
M. Bekink
Abstract Early childhood development is critical for children’s optimal development. This is even more so for children with disabilities who are often confronted with barriers preventing them from reaching their full potential. In this regard, it is estimated that only 5 per cent of children with disabilities are attending early childhood development programmes in South Africa. The rights of South African children with disabilities to early childhood development in line with international law against the backdrop of the Constitution and national legislation are evaluated. South Africa’s compliance with the rights embodied in these instruments are indicated. Suggestions for improvements are made.
{"title":"The right of children with disabilities to early childhood development: Is South Africa complying with international law?","authors":"M. Bekink","doi":"10.1080/02587203.2022.2149421","DOIUrl":"https://doi.org/10.1080/02587203.2022.2149421","url":null,"abstract":"Abstract Early childhood development is critical for children’s optimal development. This is even more so for children with disabilities who are often confronted with barriers preventing them from reaching their full potential. In this regard, it is estimated that only 5 per cent of children with disabilities are attending early childhood development programmes in South Africa. The rights of South African children with disabilities to early childhood development in line with international law against the backdrop of the Constitution and national legislation are evaluated. South Africa’s compliance with the rights embodied in these instruments are indicated. Suggestions for improvements are made.","PeriodicalId":44989,"journal":{"name":"South African Journal on Human Rights","volume":"38 1","pages":"192 - 214"},"PeriodicalIF":0.9,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"59284181","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}
Pub Date : 2022-10-02DOI: 10.1080/02587203.2023.2214371
Megan Rose Bryer, Yana van Leeve
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.
{"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}
Pub Date : 2022-10-02DOI: 10.1080/02587203.2022.2149614
L. Brooks, Janeli Kotze, C. Almeleh, Enganas Senona
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.
{"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}
Pub Date : 2022-10-02DOI: 10.1080/02587203.2023.2169750
L. Biersteker, L. Berry, M. Gwele
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.
{"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}
Pub Date : 2022-10-02DOI: 10.1080/02587203.2022.2221516
Nurina Ally, Karabo Ozah, Tess N. Peacock
Access to holistic, quality early childhood development (ECD) services is needed to support the health, nutrition and early learning needs of young children. While South Africa has made some advances in increasing access to ECD services for children in the democratic era, significant gaps and challenges remain. Almost twothirds of young children live below the poverty line, a majority of the country’s poorest children do not meet learning and physical expectations for their age, and the position of children with disabilities is even more dire. The devastating impact of the Covid-19 pandemic brought systemic failures in this sector into stark focus and has prompted developing research and jurisprudence on the right to ECD services. At the same time, the regulation of this critical sector is in a state of flux. In 2019, President Cyril Ramaphosa announced that two years of compulsory pre-school would be introduced for children before Grade 1. In a dramatic shift, the President also initiated a migration of key responsibilities relating to ECD
{"title":"Renewal and Reform: Special Issue on ‘Realising the Rights of Children to Quality Early Childhood Development in South Africa’","authors":"Nurina Ally, Karabo Ozah, Tess N. Peacock","doi":"10.1080/02587203.2022.2221516","DOIUrl":"https://doi.org/10.1080/02587203.2022.2221516","url":null,"abstract":"Access to holistic, quality early childhood development (ECD) services is needed to support the health, nutrition and early learning needs of young children. While South Africa has made some advances in increasing access to ECD services for children in the democratic era, significant gaps and challenges remain. Almost twothirds of young children live below the poverty line, a majority of the country’s poorest children do not meet learning and physical expectations for their age, and the position of children with disabilities is even more dire. The devastating impact of the Covid-19 pandemic brought systemic failures in this sector into stark focus and has prompted developing research and jurisprudence on the right to ECD services. At the same time, the regulation of this critical sector is in a state of flux. In 2019, President Cyril Ramaphosa announced that two years of compulsory pre-school would be introduced for children before Grade 1. In a dramatic shift, the President also initiated a migration of key responsibilities relating to ECD","PeriodicalId":44989,"journal":{"name":"South African Journal on Human Rights","volume":"38 1","pages":"163 - 166"},"PeriodicalIF":0.9,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41977805","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}
Pub Date : 2022-09-05DOI: 10.1080/02587203.2022.2116596
L. Boonzaier
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.
摘要宪法法院最近就国家对儿童在幼儿发展中心遭受伤害的违法责任作出了一项重要判决：BE obo JE v MEC for Social development，West Cape。最高法院实质上确认了最高上诉法院对同一事项的判决。这两项判决都建立在西开普省政府先前SCA判决的基础上：社会发展部诉CB，与BE一样，该判决涉及ECD中心的一起悲剧事故。随着这些判决的出现，现在是评估我们的法院是否愿意为在儿童保育中心遭受的伤害提供不法补救的好时机，并考虑南非公共当局责任的总体状况。我解释说，自2002年以来，公共当局对过失造成人身伤害的不作为责任大幅扩大。高等法院对BE和CB的判决将责任强加给了社会发展部，与此一致。但上诉判决可能意味着我们将放弃法律的扩张性做法。我讨论了为什么这样的撤退可能受到欢迎的政策和原则原因，无论是对国家机关还是整个法律体系来说。我还考虑了幼儿发展中心本身以及地方当局对BE和CB此类事件的潜在违法责任。最后，我考虑了两个假设案例，这两个案例有助于说明南非公共当局责任未来的潜在发展。
{"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}
Pub Date : 2022-06-14DOI: 10.1080/02587203.2022.2067591
Ashwanee Budoo-Scholtz
Abstract South Africa has ratified several international instruments that impose an obligation on the country to allocate sufficient budgetary resources to realise women’s rights. Gender budgeting has been recognised as a means through which states can implement this obligation. South Africa was the first African country to have adopted gender budgeting initiatives and despite being successful in the initial years, the initiatives phased out and did not become integral to the budgeting process. In this article, I propose sustainable gender budgeting initiatives for a better realisation of women’s rights in South Africa. While the article highlights the challenges, I put forward recommendations for integrating gender budgeting in the national budgeting process.
{"title":"Resource allocation for the realisation of women’s rights: Building on previous gender budgeting initiatives in South Africa","authors":"Ashwanee Budoo-Scholtz","doi":"10.1080/02587203.2022.2067591","DOIUrl":"https://doi.org/10.1080/02587203.2022.2067591","url":null,"abstract":"Abstract South Africa has ratified several international instruments that impose an obligation on the country to allocate sufficient budgetary resources to realise women’s rights. Gender budgeting has been recognised as a means through which states can implement this obligation. South Africa was the first African country to have adopted gender budgeting initiatives and despite being successful in the initial years, the initiatives phased out and did not become integral to the budgeting process. In this article, I propose sustainable gender budgeting initiatives for a better realisation of women’s rights in South Africa. While the article highlights the challenges, I put forward recommendations for integrating gender budgeting in the national budgeting process.","PeriodicalId":44989,"journal":{"name":"South African Journal on Human Rights","volume":"39 1","pages":"74 - 96"},"PeriodicalIF":0.9,"publicationDate":"2022-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48172849","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}
Pub Date : 2022-04-03DOI: 10.1080/02587203.2022.2090427
Naledzani Mukwevho
Abstract This article traces the evolution of the principle of free, prior and informed consent within the South African developmental context. Internationally, free prior and informed consent presupposes that communities have the right to give or withhold consent to proposed development projects on the lands that they own, occupy or otherwise use. Specific to South Africa, research reveals that although the country has not formally adopted the free, prior and informed consent principle within its development system, the spirit of the principle has permeated the development discourse in the country through development policies, legislation and case law. All major development policies in South Africa embody the public participation element, which is a precursor to free, prior and informed consent. Several Acts of parliament specifically require that communities’ consent must be sought and obtained before any development may take place in their territories. This sentiment has recently been augmented by court cases, both at High Court and Constitutional Court levels.
{"title":"The evolution and development of the principle of free, prior and informed consent in South Africa","authors":"Naledzani Mukwevho","doi":"10.1080/02587203.2022.2090427","DOIUrl":"https://doi.org/10.1080/02587203.2022.2090427","url":null,"abstract":"Abstract This article traces the evolution of the principle of free, prior and informed consent within the South African developmental context. Internationally, free prior and informed consent presupposes that communities have the right to give or withhold consent to proposed development projects on the lands that they own, occupy or otherwise use. Specific to South Africa, research reveals that although the country has not formally adopted the free, prior and informed consent principle within its development system, the spirit of the principle has permeated the development discourse in the country through development policies, legislation and case law. All major development policies in South Africa embody the public participation element, which is a precursor to free, prior and informed consent. Several Acts of parliament specifically require that communities’ consent must be sought and obtained before any development may take place in their territories. This sentiment has recently been augmented by court cases, both at High Court and Constitutional Court levels.","PeriodicalId":44989,"journal":{"name":"South African Journal on Human Rights","volume":"48 6","pages":"144 - 162"},"PeriodicalIF":0.9,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41295273","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}
Pub Date : 2022-04-03DOI: 10.1080/02587203.2022.2129432
Lindani Nxumalo
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.
{"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}
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