ARTICLES

 

The nexus between the rights to life and to a basic education in South Africa

 

 

EM Serfontein

PhD. Associate-Professor in Law, North-West University (Vaal Triangle Campus). E-mail: erika.serfontein@nwu.ac.za

 

 

---

SUMMARY

This article aims at exploring the nexus between the fundamental rights to life and to a basic education within the ambit of the legal framework created by both the Constitution of the Republic of South Africa, 1996 and the South African Schools Act 84 of 1996. Attention is drawn to the role of the law to order the living world humans live in an thus creating an emancipated framework allowing individuals a moral and self-sufficient life.The overarching goal of the supreme Constitution is to improve the quality of life of all citizens and ultimately to free everyone's potential. In order to reach this goal and allow everyone to live a dignified life that it is worth living, the importance of education is highlighted. As important source of education law, the objectives of the Schools Act, namely to (a) provide education of a progressively high quality, (b) lay a strong foundation for the development of humans' talents and capabilities, (c) advance democratic transformation, (d) combat discrimination and intolerance, (e) assist the eradication of poverty and the well-being of society, (f) uphold learner rights and (g) promote the acceptance of responsibility are discussed and their practical realisation scrutinised. This lead to the author to establish the nexus between the two fundamental rights and to delineate the prominence of the delivering of a progressively high quality of education is provided to all South Africans to enhance their quality of life. By taking regard of the role of the law in the sphere of education, the duties placed on all educational role-players to take responsibility for the delivery of educational services and be accountable therefore, are highlighted. The value of education was in this regard stressed in order to enable humans to take responsibility for their own lives, the conditions under which they live, the choices they make and the changes they bring about to better their lives.

Keywords: right to life; right to education; law in education; quality; participation; choices; human development; transformation; well-being; responsibility

---

 

 

Education is the most powerful weapon which you can use to change the world. Education is the great engine of personal development.

It is through education that the daughter of a peasant can become a doctor, that the son of a mineworker can become the head of the mine and that a child of farm workers can become the president of the country. (Nelson Mandela)

 

1 Introduction

The Constitution of the Republic of South Africa, 1996 aims at improving the quality of life of all citizens and ultimately to free everyone's potential.¹ In arguing that the right to life guarantees not only mere human existence, but the right to a quality of life, the importance of education in achieving the latter is highlighted. This is done within the framework of the law as being not purely a coercive system imposing duties on legal subjects but also as creating an emancipated framework allowing individuals a moral and autonomous life,² as it has the ability to order the living world. With regard to the role of the law in the sphere of education, Van Wyk³ and Stoker⁴ specifically refer to the duties placed on all educational role-players to perform a specific service and take responsibility therefore. In a pluralistic South Africa, the law in education moreover serves the purpose of securing an environment in which mutual rights, obligations, competencies and diversity can coexist.⁵ For this to be realised it is essential that educatonal role-players acknowledge the enormously important role they play in preparing learners for a meaningful life in a democratic South Africa.⁶

While taking cognisance of the fact that the law is aspirational and that gaps do exist between legislation and reality,⁷ this article explores the nexus between the right to life and the potential of education to enhance the overall quality of life of all South Africans.

In studying the literature pertaining to the right to life it became evident that this right is often narrowed down to the obvious essential of "no one shall be deprived of his/her life."⁸ Emphasis is accordingly placed on how the lives of the disabled⁹ or chronically ill can be improved¹⁰ or how the welfare of society at large can be enhanced.¹¹ The African National Congress,¹² to the contrary, acknowledges that giving effect to this right necessitates much more.

An analysis of case law revealed that prominence is placed mostly on the right to die with dignity or not to die at all. Examples hereof include: Ntamo v Minister of Safety and Security¹³and S v Dougherty,¹⁴in which the right to life was addressed with regard to killing in self-defence. In S v Makwanyana¹⁵it was acknowledged as so pertinent that the death penalty was abolished, and in S v Wiliiams¹⁶as well as in the Robert James Stransham-Ford case¹⁷ i t was protected in connection with euthanasia. The right to life was emphasised in Christian Lawyers' Association of South Africa v Minister of Health¹⁸i n arguing against abortion, in S v Walters¹⁹as being a justification to taking a life during arrest procedures, and in Soobramoney v Minister of Health, KwaZulu-Natal²⁰by addressing life-saving medical care.

This article opens a new line of argument by proposing that reality in its diversity is encapsulated in life, both as the wholeness of every individual and society at large, as well as as the nodal point of human co-existence. The complexities of the right to life are accordingly studied in order to be able to delineate it it as being inclusive of the entitlement to what is necessary for the safeguarding or provision of a life worth living. Cognisance is also taken of the fact that living a particular quality of life is a personal choice, for the making of which receiving a quality education is a prerequisite. It is through education that human beings can be empowered to take control²¹ of their own destiny,²² to make rational and informed decisions, and to choose the conditions under which they live.²³ It is in this regard that educators have the duty to empower learners to engage in democratic participation²⁴ and to teach them how to hold the State accountable for protecting their rights and for taking responsibility for meeting their basic human needs.

The importance of researching the nexus between the rights to life and to a basic education is evident when regard is taken of the fact that the majority of South Africans still struggle merely to exist, due to the social divisions and inequalities that remain, despite the initiatives taken by the State to bring about a good quality of life for all.²⁵

In view hereof the rights to life and to a basic education are scrutinized and the nexus between them investigated.

 

2 The right to life

It is recognised that the right to life is regarded as an intrinsic, God-given right and thus not conferred on human beings by the law.²⁶ The right to life is a moral (natural) right independent of the law, since people possess it simply by virtue of their nature as human beings.²⁷ The acknowledgement of the right to life as a fundamental right in constitutions is important, as it has, according to Henkin,²⁸ destroyed the myth that the manner in which a State treats its inhabitants is of no concern to others. Jordaan²⁹concurs in stating that it serves as proof of the value attributed to the sanctity of life by the law.

Section 11 of the Constitution guarantees the right to life to everyone as an unqualified right.³⁰ As such, the physical-biological existence of all people is guaranteed.³¹ It is also listed as a non-derogable right³² and can therefore not to be suspended at all; not even in a state of emergency.³³ As a personal right, the right to life³⁴ furthermore encompasses an individualised claim to a basic quality of life and the opportunity to share in the experience of being human.³⁵

2.1 A basic quality of life

Since the quality of life is perceived mainly according to individuals' subjective³⁶evaluation of their lives in relation to their culture, values, goals, standards, expectations, concerns and past experiences,³⁷ no consensual definition thereof exists. Due to the fact that the idea of a quality life is not constant and is loaded with emotions,³⁸ the measurement of its attainment is moreover extremely hard to construct.³⁹

Labuschagne⁴⁰ and Higgs⁴¹ measure the basic quality of life with relevance to the existence of conditions and the provision of resources adequate to enabling individuals to enjoy human existence, without which enjoyment life would be deemed senseless. Wehmeyer and Schalock⁴² indicate that research has identified eight core quality-of-life dimensions, namely emotional well-being, interpersonal relationships, material well-being, personal development, physical well-being, self-determination, social inclusion (friendship) and rights. Malkog,⁴³ in turn, identifies four domains of a quality of life, namely physical health, psychological health, social relationships and the environment as significant predictors of subjective well-being. By placing emphasis on individuals' varied perceptions regarding the satisfaction of their immediate needs and subjective well-being or happiness, various authors⁴⁴ emphasise that people assess their own quality of life by comparing their expectations with their practical experiences. The idea of what a quality life consists of thus remains a dynamic notion associated with products, services, people, processes and an environment that meets the unique needs and expectations of human beings.⁴⁵

2.1.1 A basic quality of life for South Africans

Identifying what a life worth living involves in South Africa, the so-called rainbow nation, is even more problematic.⁴⁶ In this regard Carr, Gibson and Robinson⁴⁷ put forward that individuals' evaluations of their quality of life are made within the boundaries of the prospects that they foresee for themselves and are thus an essential constituent of their identity. Multiculturalism (a major characteristic of this country) must therefore expressly be taken cognisance of when shaping a true South African identity.⁴⁸

Such an identity should be based on the moral, spiritual, intellectual, and social norms underpinned by traditional African values such as individual and social responsibilities, respect for human life and sharing.⁴⁹ South Africans cannot be seen apart from their country and people.⁵⁰ While dominant Western societies are essentially individualistically orientated, traditional African societies are strongly communal in nature.⁵¹ In underscoring the latter, section 235 of the Constitution provides for the right to self-determination that people should enjoy as a whole, not individually.⁵²

The right to life should thus not be regarded as an all-inclusive personal liberating right. It should rather be viewed as being interconnected with respect for others as well as the idea of harmonising co-existence. Individuals or groups within the society should thus not be allowed to impose their own values on others, but rather be taught to respect (not merely tolerate) diversity. The freedom of individuals to live their lives as they see fit is accordingly subjected to restrictions to safeguard the freedoms of others.⁵³

Numerous authors⁵⁴ support this view by indicating that individual well-being is secondary to primary social group ties, which increase supportive personal relationships and a sense of having others to talk to and turn to in times of need (a sense of community) - life as the nodal point of being human. In view hereof, Van Wyk⁵⁵ cautions that the nature of individual rights and the structure of democracy must not portray the individual as an autonomous but isolated and threatened entity that needs to be protected from the threats posed by fellow citizens and society by a wall of rights. Individual rights must thus not grant individuals a position superior to that of others.

Labuschagne,⁵⁶ to the contrary, draws attention to the main reason behind guaranteeing individual rights, namely that individuals may not be sacrificed to the social good, at least without overwhelming or compelling justification. The State, through its judicial authority, is consequently obliged to harmonise the multiple interests of individuals and societal structures.⁵⁷ The State furthermore has economic, legal and ethical responsibilities towards the society it serves. This is essential as the fulfilment of the right to life, specifically, must be recognised as an imperative norm -it has a decisive character at all times.⁵⁸

In giving effect to their positive constitutional duties,⁵⁹ public schools must realise that learners born since the first democratic elections in 1994 were born free into a human rights culture and thus have different needs and life expectations. In contrast with their predecessors, who were willing to sacrifice education in their ultimate struggle for freedom, the new generation, for example, regard education as essential to attaining the quality of life they desire.⁶⁰ However, in researching the extent to which individuals' needs and desires are indeed met to enhance their quality of life Flanagan⁶¹ identified education as one of the five dimensions reported on to be the least met. The value of giving effect to everyone's right to a basic education to empower human beings to live a quality life is forthwith addressed.

 

3 The right to a basic education and its value in bringing about a quality life

Section 29(2) of the Constitution provides everyone with the unqualified right to a basic education, which the State is obliged to positively effect. It is a socio-economic right encapsulating the State's positive obligation to make life for its inhabitants purposeful.⁶² The duty of the State in terms of section 7(2) of the Constitution, namely to respect, protect, promote and fulfil all fundamental rights, was accordingly emphasised in the Head of Department, Department of Education, Free State Province v Welkom High School.⁶³The High Court underscored the duty of schools as organs of the state to guard against the infringement of fundamental rights and thus to provide a basic education to all.⁶⁴

To fulfil their duties, the South African education system identified specific goals. The overarching goal is to prepare individual learners for employment (earning an adequate income) and for social and political participation in the context of a rapidly changing and dynamic global economy and society.⁶⁵ As such it is the aim of education to enable learners to make sense of their world and to prompt a natural curiosity amid learners to explore and act as means of realising their own life goals.⁶⁶ Schools, as embodying an important societal relationship, are thus essential institutions which must develop the logical and analytic faculties of learners.⁶⁷ As an important source of education law, the South African Schools Act (Schools Act)⁶⁸aims at (a) the provision of a progressively high quality of education, (b) laying a strong foundation for the development of people's talents and capabilities, (c) advancing democratic transformation, (d) combating discrimination and intolerance, (e) assisting the eradication of poverty and the well-being of society, (f) upholding learner rights and (g) promoting the acceptance of responsibility.

The nexus between a basic education and a quality of life is forthwith explored within this legal framework. The value of giving effect to everyone's right to a basic education in order to empower human beings to live a quality life is firstly analaysed.

3.1 The provision of a progressively improved quality of education

Education is regarded by many⁶⁹ as an imperative tool to assist learners in acquiring and developing the skills, attitudes and knowledge to better fit the severities of socio-professional life, to fulfil their productive function and to bring about future social cohesion, prosperity and sustainability. Although education is thus seen as any countries' greatest asset and a crucial factor determining its development and global competitiveness, its influence in practice is regrettably often underestimated.⁷⁰

The proactive investment of the State, in partnership with all role-players,⁷¹ in public education is therefore essential to ensure quality education on an equal basis to all learners.⁷² Pertaining specifically to the role of the State in this partnership, case law⁷³places emphasis on a dire need for revising and negotiating new efforts to resolve conflicting interests in education. The role that the other partners need to fulfil is equally critical. Despite the fact that studies have indicated that educators have the greatest effect (more than courses, content and pedagogies) on learners' experiences, motivation, personal development and therefore their quality of life,⁷⁴ Ananga⁷⁵ and the High Court⁷⁶ report that the characteristics of schools and educators are significantly contributing to the high dropout rates among learners from schools. In view of the fact that the future of any nation specifically depends on the quality of its educators, the ones who have the responsibility to impart knowledge to learners,⁷⁷the Constitutional Court⁷⁸ had to appeal to educators, schools and education departments to re-examine their responsibilities, attitudes, commitment and dedication to provide and maintain education of a high quality. This entails that educators themselves need to become life-long learners in order to assist learners in meeting the dynamic demands of modern life.⁷⁹

3.2 Laying a strong foundation for the development of people's talents and capabilities

Bontenbal⁸⁰ and Freire⁸¹ state that systems often diminish individuals into passive users and choosers rather than uplifting them to become makers and shapers. This robs human beings of the joy of producing - the truest form of happiness.⁸² In this regard, Nelson Mandela once said that "there is no passion to be found in playing small - in settling for a life that is less than what you are capable of living".

Dickens,⁸³ concurring, stresses the fact that higher value must be attributed to human life by treating individuals as ends in themselves. Fowler⁸⁴ concurs by emphasising that people are more than just a physical function - they are open to the possibilities of understanding ultimate order and meaning for their existence, and therefore open to education. Human beings are creatures who are not satisfied with function alone -they seek meaning.⁸⁵

The young should thus receive quality education in order to be empowered to create a new awareness of their own talents and capabilities, have a new sense of dignity, and be instilled with new hope for their future.⁸⁶ Serfontein⁸⁷ similarly highlights the importance of education for sustainable human development, as it can unlock human potential.

Empowered through a basic education, individuals can gradually perceive personal and social reality as well as the contradictions in it, become conscious of their own perception of that reality, and critically deal with it.⁸⁸ Reflecting on aspects of reality is part of the process of empowerment and provides the force that allows people to take action to change that reality.⁸⁹ Through this they can discover themselves and their unique potential and win back the right to speak their own minds and pursue their own values.⁹⁰ The latter will give new meaning to the old maxims "over his own body and mind, the individual is sovereign"⁹¹ and "a lack of control over one's destiny essentially involves a loss of human dignity".⁹²

In order for people to take control of their lifestyles, choose the conditions in which they live, set their own personal goals⁹³ and determine their own future (as far as possible) they must firstly be well educated. Education has the potential to empower people to make the right, informed choices for themselves and to balance such choices against potential harm.⁹⁴ This is crucial since the internal choices that humans make can be extremely risky and can restrict their future lives.⁹⁵

For this to transpire, educators need to create ample opportunities for learners to develop holistically.⁹⁶ The importance of education in improving overall self-esteem,⁹⁷interpersonal relationships, mental and health status, happiness, well-being and life satisfaction⁹⁸ must never be underestimated.⁹⁹ A narrow utilitarian approach to education aimed at cognitive development¹⁰⁰ and economic productivity alone must be avoided.¹⁰¹ Since human beings face a variety of difficulties in society, more emphasis must be placed on the capabilities of practical reason and affiliation as being critical for individual and societal development and transformation.¹⁰²

3.3 Advancing democratic transformation

In acknowledging the governing role of the political domain in human functioning (political structures, restrictions, effects, identity and engagement) and the degree to which political conditions impact all dominions of functioning (economic, educational, familial and psychological), cognisance needs to be taken of politics in the contexts of the quality of life.¹⁰³ It is acknowledged in this regard that values such as justice, rights, dignity and self-determination, which underlie political structures, are core elements of human functioning.¹⁰⁴

Democracy is globally recognised as offering the best possibility of social happiness and progress.¹⁰⁵ Democracy in essence concerns a particular way of life.¹⁰⁶ The potential of education to enhance national awareness and individuals' general level of knowledge pertaining to democracy is underscored by various researchers.¹⁰⁷ The social function of education in enculturating individuals to become empowered members of a particular society is crucial.¹⁰⁸ It is through education that citizens can be drawn together through multi-layered mutual understanding, respect, beneficial communication and individual self-scrutiny, as part of the national project of building a democratic culture that is truly well thought through.¹⁰⁹

The interactive learning environments created in schools are particularly valuable in contributing significantly to enhancing the quality of the informal education experiences of learners associated with social interaction and groups.¹¹⁰ Aquilar and Retamal¹¹¹ concomitantly refer to "healing school climates" that create opportunities for learners to be actively engaged in creative social activities, which are just as important as reading, writing and numeracy. An interactive learning environment also enables the free expression of opinions and ideas, which ability enhances negotiation, listening, communication, participation and critical thinking skills on the one hand as well as respect for and sensitivity towards others, honesty, loyalty, openness, and team work on the other hand.¹¹² The latter is essential, as life within a democratic and open society requires of all to be empowered to participate in free, open, critical discussions and make their voices heard for the attainment of the quality of life all deserve.¹¹³

Learners, however, also need to be formally taught to reason in critical ways - to become explorers of the mind who uncover the way in which society is organised and have the knowledge and skills to envision an alternative design for such a society.¹¹⁴To attain this, educators must critically pay attention to the close relationship between individual identity and the larger socio-political context in which their learners should be able to function.¹¹⁵ The economic, political, historical and social contexts in which transformation occurs must be thoroughly investigated and must feature in classroom discussion.¹¹⁶

To combat the negative effects of discrimination and to prevent the repetition thereof in future, people need to be enabled to recognise and value other people for who and what they are¹¹⁷ as well as for what they can become.¹¹⁸ This entails that all must be taught to respect identities and cultures other than their own, rather than simply labelling them, a mean process which inevitably leads to suffering.¹¹⁹ The advantage of this lies in the fact that when diversity is respected, feelings of inner peace, faith, hope, optimism and spiritual connection (an ultimate goal of human rights)¹²⁰increase.¹²¹

Schools should thus aim at having a considerable influence on the mental health and the quality of life of their learners. One overarching aim of the school system should therefore be to promote self-esteem (mental health) and emotional well-being and to assist individuals to form and maintain worthwhile and satisfying relationships, based on respect for themselves and for others, at home, school, work and in the community.¹²²

In this regard, education is regarded as encompassing all the means, instruments and methods which are oriented towards changing human behaviour, either through imparting knowledge, or through changing attitudes.¹²³ It is, accordingly, an imperative that educators, working with learners from diverse backgrounds, increase their competence in dealing with conflicting historical narratives at both the cognitive and the emotional levels. For this to occur, school curricula should suit the unique life, needs, interests and environment of South Africans and provide ample opportunities for learners to experience real-life situations.¹²⁴ Since the quality of life, as a long-term goal, is a highly subjective state that is related to attitude, motivation, integration and community participation, it is evident that education can promote individuals' quality of life.¹²⁵ Learners should, among other matters, be taught to deal with emotions, be encouraged to have empathy for others (thus being guided to a better understanding of the self in society), and to design better alternatives to prejudices and conflict in the context of critical dialogue.¹²⁶ The latter is referred to as the socialisation function of education,¹²⁷ which can best be performed in an informal and interactive learning environment. The creation of such an environment is the responsibility of all educational role-players.¹²⁸

The prominent role of emotions during learning processes is also highlighted by Lackéus,¹²⁹ who indicates the importance for learners to have more positive educational experiences. This reflects a view of the learner as comprising both body (genetic, physical and biological being) and mind (knowledge, skills, attitudes, values, emotions, meaning, beliefs and senses) and postulates that learning occurs through thought, action and/or emotion. The same author states that schools are full of emotions, and that quality education is all about emotionally connecting with learners, their feelings, their interests, creativity, self-sufficiency and excitement. Education without emotion, on the other hand, risks getting lost in boredom and stagnation.

With regard to combating intolerance, Le Fanu¹³⁰ recommends that learners' capabilities need to be expanded through education while focusing on their real needs and expectations. In this regard, schools need to be receptive to unique realities, as they shape the needs of individuals and are obliged to provide opportunities to effectively meet such needs. As such, aspirational human rights goals such as peace, tolerance, justice and equality can be promoted through educational system reforms.¹³¹

Since life expectations are informed by daily experiences, they are heavily influenced by differences in social, psychological, socio-economic, demographic, and other cultural factors. Taking cognisance of the diverse environments from which learners come, educators should thus remain aware of the fact that some learners may, due to their past experiences, have unrealistically low life expectations and thus tolerate low levels of life fulfilment. In raising these expectations, an essential part of the "critical consciousness" of improving the overall quality of life, educators can assist individuals to become aware of their own abilities and thus enable them to take control over and enhance their own life opportunities.¹³²

3.5 Assisting the eradication of poverty and the well-being of society

Individual well-being is closely related to the fulfilment of economic needs, seeing that access to work opportunities¹³³ and economic resources increases a sense of control over one's life, and thus one's overall perception of living a quality life.¹³⁴ As a result, individuals must not merely be assisted to survive economically, but also be enabled to engage in hobbies, environmentally focused activities and practices that produce countless dimensions of connectedness and a sense of belonging.¹³⁵

Since employers need employees with high levels of reading, writing, mathematical, negotiation, problem solving, critical thinking and innovation skills (objective life conditions),¹³⁶ the importance of education is apparent. By providing quality programmes, education serves as an essential economic source to empower individuals on an ongoing basis¹³⁷ and thus to ensure sustainable human development.¹³⁸ Educators themselves should, in this regard, pay attention to the relationship between individual well-being and the bigger economic milieu in which their learners should be able to function.¹³⁹

The term "poverty" refers to any form of fundamental deprivation, and/or lack of the means to meet basic human needs.¹⁴⁰ In this regard, Manala¹⁴¹ expresses the opinion that life's fulfilment and expectations are threatened when people live in a state of extreme poverty. Bayulken and Huisingh¹⁴² similarly disclose that the physical and social elements of individuals' immediate surroundings play an integral role in terms of a better perception of a quality of life. Seeing that the human dignity of individuals is also undermined by poverty, the eradication thereof is not a mere gesture of charity but both a moral and economic issue and, as such, an act of justice.¹⁴³

Although education per se cannot provide a variety of essential services to meet the most basic needs¹⁴⁴ of individuals, it can provide equal access to a basic education of a high quality that creates public awareness and instils knowledge, thus empowering individuals to achieve a sustainable standard of life.¹⁴⁵ Empowered by such knowledge, they can furthermore participate in decision-making processes to protect their own interests and fundamental rights as well as to hold government accountable for fulfilling their basic needs.¹⁴⁶

3.6 Upholding learners' rights

With regard to the rights of individuals born in the South African democracy, the Constitution¹⁴⁷makes it clear that children are "part of the common South African citizenship and equally entitled to the rights, privileges and benefits of citizenship and equally subject to the duties and responsibilities of citizenship". Due to the fact that giving effect to such rights and responsibilities will not only ensure a better life for children but also for the entire society, the rights of children should be taken more seriously.¹⁴⁸

To enable them effectively to exercise their rights, children need to be educated into democratic action and civic responsibility. They need to be guided towards a shared sense and understanding of citizenship¹⁴⁹ and allowed to discover what it means to be the bearers of fundamental rights. They must be empowered to optimally participate in democracy, to make informed choices and to take the initiative to transform this society into one that can guarantee them a quality of life.¹⁵⁰ They need to personally experience the values of social justice and equity,¹⁵¹ thus respecting and promoting individuality and human freedom.¹⁵² In this regard, education is viewed as the ideal tool to translate the rights of the child from abstract principles into practical curricular strategies.¹⁵³

In support, research conducted by Ross¹⁵⁴ revealed that the level of education received by individuals directly links to their levels of enjoyment, hope, happiness, fitness, and energy. This is also true in the sense that education provides individuals with valuable knowledge related to health care, as chronic illnesses are generally viewed as threatening the right of human beings to a good quality of life.¹⁵⁵ Education is therefore also a direct predictor of adult quality of life.¹⁵⁶

3.7 Promoting the acceptance of responsibility

It is obvious that people cannot merely rely on others or on the State to give effect to their fundamental rights in general and to their moral right to life specifically. They cannot hide behind the notion that the Constitution should shield them from the adverse consequences of their own life choices.¹⁵⁷ Everyone must take responsibility to conscientiously and positively react to the existing social situations in which they live.¹⁵⁸

Education plays an enormous role in teaching learners to take responsibility and be accountable for their choices and concomitant actions.¹⁵⁹ By being enabled to take charge of bringing about the changes the world needs¹⁶⁰ and reflecting on these changes, individuals are empowered to understand themselves as distinct human beings, to acquire a sense of self-respect and pride, and to increase their self-determination.¹⁶¹

Being held accountable for changing the world for the better moreover allows human beings to obtain a sense of distinctive personal character and moral identity. Gaining such wisdom is valuable to the preservation of social order as it encourages good and discourages bad behaviour.¹⁶² It also leads to humility and democratic behaviour and thereby prevents individuals from enforcing their own will on others.¹⁶³ It is in this regard that education has an important function to perform, namely to teach learners specific ethical principles by way of schools' Codes of Conduct. When they are taught to adhere to such codes or take the risk of being punished for non-adherence, learners are made aware of the fact that a sense of ethics is not just about individual decisions and behaviour but is rather interwoven with personal values and enacted in social living. In this manner learners learn from and with others. By placing their behaviour in the social context (schools) in which it occurs, learners also realise that their choices and behaviours affect not only themselves but also have consequences for society in general.¹⁶⁴

It follows that, if people are empowered through education to take responsibility for changing circumstances in a manner profitable to themselves and therefore to others with whom they have mutual relations, each successive generation will have a better chance not only surviving but of living a quality livfe.¹⁶⁵

 

4 Conclusion

The purpose of this article was to explore the nexus between the fundamental right to life and the right to a basic education. This was done within the ambit of the legal framework created by both the Constitution of the Republic of South Africa, 1996 and the South African Schools Act 84 of 1996. In line with the aims of the Constitution it was argued that the right to life entails much more than mere physical human existence. Instead, it involves a right to live a life worth living. The importance of education becomes evident when one emphasises the fact that people need to take responsibility for their own lives, the conditions under which they live, the choices they make and the changes they bring about to better their lives.

In accordance with the aims set out in the Schools Act, the essential role of education has been delineated as being to lay a strong foundation for the development of learners' talents and capabilities, to advance democratic transformation, to combating discrimination and intolerance, to assist in the eradication of poverty and the promotion of the well-being of society, to uphold learner rights, and to promote the acceptance of responsibility. The very close nexus between these two fundamental rights was thus identified.

It was recognised, however, that the aims of the education system can be achieved only if a progressively higher quality of education is provided and made accessible to all. In this regard, this article identifies the need for further research pertaining inter alia to:

• the practical factors inhibiting the provision of quality education and thus optimally fulfilling the rights of every South African to a basic education and a life worth living; and
• the expectations and experiences of South Africans, as well as their perceptions regarding the extent to which their needs are indeed being met.

 

BIBLIOGRAPHY

Literature

Adler M "Social Security and Social Welfare" in Cane P and Krizer M (eds) The Oxford Handbook of Empirical Legal Research (Oxford University Press New York 2010) 399-423        [ Links ]

Aguilar P and Retamal G "Protective Environments and Quality Education in Humanitarian Contexts" 2009 Int J Educ Dev 3-16        [ Links ]

Agyar E "Life Satisfaction, Perceived Freedom in Leisure and Self-esteem: The Case of Physical Education and Sport Student" 2013 Procedia Soc Behav Sci 2186-2193        [ Links ]

Allison C et al "The Web in Education" 2012 Computer Networks 3811-3824        [ Links ]

Ananga ED "The Push-out Factors that Cause Children to Drop Out of Basic School in Ghana" 2012 SARE 90-104        [ Links ]

African National Congress A Bill of Rights for a New South Africa (Centre for Development Studies Bellville 1993)        [ Links ]

Arden DBE "Balancing Human Rights and National Security" Lecture Delivered in the Presence of the Constitutional Court of South Africa (22 May 2005 Johannesburg) 328-330        [ Links ]

Bajaj M "Critical Peace Education" in Bajaj M (ed) The Encyclopaedia of Peace Education (CT: Information Change Greenwich 2008) 135-146        [ Links ]

Barber BK et al "Politics Drives Human Functioning, Dignity, and Quality of Life" 2014 Soc Sci Med 90-102        [ Links ]

Bayulken B and Huisingh D "Perceived 'Quality of Life' in Eco-developments and in Conventional Residential Settings: An Explorative Study" 2014 J Clean Prod 1-10        [ Links ]

Bekerman Z and Zembyla M Teaching Contested Narratives: Identity, Memory and Reconciliation in Peace Education and Beyond (Cambridge University Press Cambridge 2012)        [ Links ]

Benos N and Zotou S "Education and Economic Growth: A Meta-regression Analysis" 2014 World Development 669-689        [ Links ]

Bontenbal MC "Strengthening Urban Governance in the South through City-to- city Cooperation: Towards an Analytical Framework" 2009 Habitat International 181-189        [ Links ]

Braathea HJ and Otterstada AM "Education for All in Norway: Unpacking Quality and Equity" 2014 Procedia Soc Behav Sci 1193-1200        [ Links ]

Cameron E and Ferreira N "Tony Honoré's Contribution to Jurisprudence" in Visser D and Loubser M (eds) Thinking about Law: Essays for Tony Honoré (Cyber Ink Cape Town 2012) 21-37        [ Links ]

Carr AJ Gibson B and Robinson PG "Is Quality of Life Determined by Expectations or Experience?" 2001 BMJ 1240-1257        [ Links ]

Cheng H et al "Factors Influencing Adult Quality of Life: Findings from a Nationally Representative Sample in the UK" 2014 Pers Individ Dff241-246        [ Links ]

Chenic AS, Angelescu C and Gheorghita AR "Providing Labour Market Flexicurity and Quality of Life through Better Education and Professional Training" 2012 Procedia Soc Behav Sci 4560-4566        [ Links ]

Chetty S et al "Clinical Practice Guidelines for Management of Neuropathic Pain: Expert Panel Recommendations for South Africa" 2012 SAMJ 312-325        [ Links ]

Clark DA "Concepts and Perceptions of Human Well-being: Some Evidence from South Africa" 2003 Oxford Dev Stud 173-196        [ Links ]

Cockerill MP "Beyond Education for Economic Productivity Alone: The Capabilities Approach" 2014 Int J Educ Res 13-21        [ Links ]

Currie I and De Waal J The Bill of Rights Handbook 5^th ed (Juta Cape Town 2009)        [ Links ]

De Jager HJ and Van Nieuwenhuis FJ "Linkages between Total Quality Management and the Outcome-based Approach in an Education Environment" 2005 Quality in Higher Education 251-260        [ Links ]

De Klerk J Liturgical Involvement in Society: Perspectives form Sub-Sahara Africa (V&R Drukkery Noordbrug 2012)        [ Links ]

Dickens J Social Work, Law and Ethics (Routledge London 2013)        [ Links ]

Department of Education Policy Framework for Education and Training: Discussion Document (The Department Pretoria 1994)        [ Links ]

Dugard J International Law: A South African Approach 4^th ed (Juta Cape Town 2012)        [ Links ]

Du Toit A "Building Cultural Synergy and Peace in South Africa" 1998 J Soc Dev Afr 9-21        [ Links ]

Escuder-Mollon P et al "Impact on Senior Learners' Quality of Life through Lifelong Learning" 2014 Procedia Soc Behav Sci 510-516        [ Links ]

Flanagan JC "Measurement of Quality of Life: Current State of the Art" 1982 Arch Phys Med Rehabil 56-59        [ Links ]

Fowler S "Towards Authentic Development" 2010 Koers 135-147        [ Links ]

Freeman M "Why It Remains Important to Take Children's Rights Seriously" 2007 Int J Child Rts 5-23        [ Links ]

Freire P Pedagogy of the Oppressed (Continuum London 1993)        [ Links ]

Furnham A, Jensen T and Crump J "Personality, Intelligence and Assessment Centre Expert Ratings" 2008 Int J Select Assess 356-365        [ Links ]

Gillon R "Philosophical Medical Ethics: Rights" 1985 BMJ 1890-1891        [ Links ]

Henkin L "Constitution as Compact and as Conscience: Individual Rights Abroad and at Our Gates" 1985 Wm & Mary L Rev 11-34        [ Links ]

Heyns C and Killander M "Towards Minimum Standards for Regional Human Rights System" in Arsanjani MH et al (eds) Looking to the Future: Essays on International Law in Honor of W Michael Reisman (Martinus Nijhoff Leiden 2010) 527-558        [ Links ]

Higgs NT "Measuring and Understanding the Well-being of South Africans: Everyday Quality of Life in South Africa" 2007 Soc Indic Res 331-356        [ Links ]

Human Science Research Council South African Social Attitudes Survey (SASAS) of 2008 (HSRC Pretoria 2008)        [ Links ]

Jansen CA, Pretorius FJ and Van Niekerk EJ "Education and the Role of the Church in Africa: Three Relevant Aspects" 2009 Koers 67-86        [ Links ]

Jeffreys H "Freedom of Association and Freedom of Speech Equals Freedom of the Media?" 2008 GMJ 116-119        [ Links ]

Jordaan L "The Right to Die with Dignity: A Consideration of the Constitutional Arguments" 2009 THRHR 192-212        [ Links ]

Keith LC "Human Rights Instruments" in Cane P and Kritzer HM (eds) The Oxford Handbook of Empirical Legal Research (Oxford University Press New York 2010) 351-375        [ Links ]

Kende MS Constitutional Rights in Two Worlds: South Africa and the United States (Cambridge University Press New York 2010)        [ Links ]

Krause S "Going Gently into that Good Night: The Constitutionality of Consent in Cases of Euthanasia" 2012 Obiter 47-71        [ Links ]

Labuschagne JMT "The European Court of Human Rights and the Right to Assisted Suicide in International Human Rights Law" 2004 SACJ 87-98        [ Links ]

Lackéus M "An Emotion Based Approach to Assessing Entrepreneurial Education" 2014 IJME 374-396        [ Links ]

Law DS "Constitutions" in Cane P and Kritzer HM (eds) The Oxford Handbook of Empirical Legal Research (Oxford University Press New York 2010) 376-398        [ Links ]

Le Fanu G "International Development, Disability, and Education: Towards a Capabilities-Focused Discourse and Praxis" 2014 Int J Educ Dev 69-79        [ Links ]

Malkog A "Quality of Life and Subjective Well-being in Undergraduate Students" 2011 Procedaa Soc Behav Sci 2843-2847        [ Links ]

Manala MJ "'A Better Life for All': A Reality or a Pipe-dream? A Black Theology Intervention in Conditions of Poor Service Delivery in the Democratic South Africa" 2010 Scriptura 519-531        [ Links ]

Meyerson BA "Neurosurgical Approaches to Pain Treatment" 2001 Acta Anaesthesiol Scand 1108-1113        [ Links ]

Ministry for Welfare and Population Development White Paper for Social Welfare: Enhancing Social Integration (The Ministry Pretoria 1997)        [ Links ]

Ministry of Education Manifesto on Values, Education and Democracy (The Ministry Pretoria 2001)        [ Links ]

Möller V "Quality of Life in South Africa: The First Ten Years of Democracy" 2007 Soc Indic Res 181-201        [ Links ]

Naidu A et al Education Management and Leadership: A South African Perspective (Oxford University Press Cape Town 2008)        [ Links ]

Nussbaum MC Cultivating Humanity: A Classical Defence of Reform in Liberal Education (Harvard University Press Cambridge MA 1997)        [ Links ]

Okafor O and Ugochukwu B "Have the Norms and Jurisprudence of the African Human Rights System been Pro-poor?" 2011 AHRLJ 306-421        [ Links ]

Oosthuizen IJ (ed) Aspects of Education Law 3^rd ed (Van Schaiks Pretoria 2005)        [ Links ]

Osei-Owusu B et al "Student's Assessment of Internship Programme: A Case of College of Agriculture Education, Mampong-Ashanti of University of Education, Winneba" 2013 JETERAPS 499-504        [ Links ]

Pajaziti A "Transition Education and Quality of Life" 2014 Procedia Soc Behav Sci 4737-4741        [ Links ]

Pamfilie R, Onete B and Maiorescu I "E-learning as an Alternative Solution for Sustainable Lifelong Education" 2012 Procedia Soc Behav Sci 4026-4030        [ Links ]

Petnuchova J et al "Teacher Further Education: Modern Phenomenon or Obligation?" 2012 Procedia Soc Behav Sci 1325-1328        [ Links ]

Pomeranz K "Contemporary Development and Economic History: How Do We Know What Matters?" 2012 Econ Hist Dev Reg 135-148        [ Links ]

Powdthavee N, Lekfuangfu WN and Wooden M "What is the Good of Education on our Overall Quality of Life? A Simultaneous Equation Model of Education and Life Satisfaction for Australia" 2014 J Behav Exp Econ 1-42        [ Links ]

Powers LE et al "My Life: Effects of a Longitudinal, Randomized Study of Self-determination Enhancement on the Transition Outcomes of Youth in Foster Care and Special Education" 2012 Child Youth Serv Rev 2179-2187        [ Links ]

Rautenbach IM Rautenbach-Malherbe Constitutional Law 6^th ed (LexisNexis Durban 2012)        [ Links ]

Rodin D "War and Self-defense" 2004 Ethics Int Aff 63-68        [ Links ]

Ross A "Education for Citizenship and Identity within the Context of Europe" in Lawton D, Cairns J and Gardner R (eds) Education for Citizenship (Cromwell Press London 2000) 183-199        [ Links ]

Ross C and Van Willigen M "Education and the Subjective Quality of Life" 1997 J Health Soc Behav 275-297        [ Links ]

Sayed Y "Democratising Education in a Decentralised System: South African Policy and Practice, Compared" 2002 Compare 35-46        [ Links ]

Serfontein EM "Freedom of the Press in a Democratic South Africa: Indispensable for Sustainable Human Development" 2013 IJAC 131-145        [ Links ]

Spinner-Halev J Enduring Injustice (Cambridge University Press New York 2012)        [ Links ]

Standage M and Gillison F "Students' Motivational Responses toward School Physical Education and their Relationship to General Self-esteem and Health-related Quality of Life" 2007 Psychol Sport Exerc 704-721        [ Links ]

Steyn JC, De Klerk J and Du Plessis WS (eds) Education for Democracy (Wachwa Durbanville 2008)        [ Links ]

Stoker HG Die Aard en Rol van die Reg: 'n Wysgerigte Besinning (RAU Johannesburg 1970)        [ Links ]

Tudor I, Grigore V and Tudor M "The Importance of Group Sports Activities in Adult Lifelong Education and in Improving the Quality of Life" 2014 Procedia Soc Behav Sci 9-15        [ Links ]

Undiyaundeye FA "How Children Learn Through Play" 2013 JETERAPS 514-516        [ Links ]

Van Wyk JG Inaugural Address: "'n Juridies-pedagogiese Peiling van die Betekenis van Onderwysreg in Onderwysersopleiding" (University of South Africa Pretoria 1988)        [ Links ]

Van Wyk DH (ed) Rights and Constitutionalism: The New South African Legal Order (Juta Cape Town 1996)        [ Links ]

Villa-Vocencio C "God, the Devil, and Human Rights: A South African Perspective" in Bucar EM and Barnett B (eds) Does Human Rights Need God? (Eerdmans Grand Rapids Mich 2005) 225-242        [ Links ]

Vosloo S "Towards a Sustainable Development View of Local Content Using ICTs in South Africa: A Key Priority in the National Information Society Strategy" in Willard T et al A Developing Connection: Bridging the Policy Gap between the Information Society and Sustainable Development (International Institute for Sustainable Development Winnipeg 2005)        [ Links ]

Wehmeyer ML and Schalock RL "Self-Determination and Quality of Life: Implications for Special Education Services and Supports" 2001 Focus Except Child 1-16        [ Links ]

Wiesmann U and Hurni H (eds) Research for Sustainable Development-Foundations, Experiences and Perspectives (Swiss National Centre of Competence in Research North-South Bern 2011)        [ Links ]

Wilde S (ed) Political and Citizenship Education: International Perspectives (Symposium Books Oxford 2005)        [ Links ]

WHOQOL SRPB Group "A cross-cultural study of spirituality, religion, and personal beliefs as components of quality of life" 2006 Soc Sci Med 1486-1497        [ Links ]

Case law

Basic Education for All v Minister of Basic Education 2014 4 SA 274 (GP)

Centre for Child Law v Minister of Basic Education 2013 3 SA 183 (ECG)

Christian Lawyers' Association of South Africa v Minister of Heatth 1998 4 SA 1113 (T)

Ex parte Minister of Safety and Security in re S v Walters 2002 4 SA 613 (CC)

Head of Department, Department of Education, Free State Province v Welkom High School 2014 2 SA 228 (CC)

Madzonzo v Minister of Basic Education 2014 3 SA 441 (ECM)

Ntamo v Minister of Safety and Security 2001 1 SA 830 (Tk)

S v Dougherty 2003 2 SACR 36 (W)

S v Makwanyana 1995 3 SA 391 (CC)

S v Williams 1986 4 SA 1188 (A)

Section 27 v Minister of Education 2013 2 SA 40 (GNP)

Soobramoney v Minister of Health, KwaZulu-Natal 1998 1 SA 765 (CC)

Stransham-Ford v Minister of Justice and Correctional Services 2015 4 SA 50 (GP)

Teddy Bear Clinic for Abused Children v Minister of Justice and Constitutional Development 2014 1 SACR 327 (CC)

Legislation

Constitution of the Republic of South Africa, 1996

South African Schools Act 84 of 1996

International instruments

European Convention on Human Rights (1950) International Convention on Civil and Political Rights (1966)

Internet sources

Gaibie F and Davids YD 2011 Quality of Life Among South Africans http://152.112.253.5/research/output/outputDocuments/6004_Gaibie_Qualityoflife.pdf accessed 21 May 2014        [ Links ]

Mautjane B 2012 Hearing the Voices of the People: Building Capacity for Local Government in South Africa: Idasa http://www.idasa.org.za accessed 17 October 2014        [ Links ]

LIST OF ABBREVIATIONS

Acta Anaesthesiol Scand Acta Anaesthesiologica Scandinavica

AHRLJ African Human Rights Law Journal

ANC African National Congress

Arch Phys Med Rehabil Archives of Physical Medicine and Rehabilitation

BMJ British Medical Journal

Child Youth Serv Rev Children and Youth Services Review

Compare Compare: A Journal of Comparative and International Education

DoE Department of Education

Econ Hist Dev Reg Economic History of Developing Regions

Ethics Int Aff Ethics and International Affairs

Focus Except Child Focus On Exceptional Children

GMJ Global Media Journal

HSRC Human Science Research Council

IJAC International Journal of Arts and Commerce

IJME International Journal of Management Education

Int J Child Rts International Journal of Children's Rights

Int J Educ Dev International Journal of Educational Development

Int J Educ Res International Journal of Educational Research

Int J Select Assess International Journal of Selection and Assessment

J Behav Exp Econ Journal of Behavioural and Experimental Economics

J Clean Prod Journal of Cleaner Production

J Health Soc Behav Journal of Health and Social Behaviour

J Soc Dev Afr Journal of Social Development in Africa

JETERAPS Journal of Emerging Trends in Educational Research and Policy Studies Oxford Dev Stud Oxford Development Studies

Pers Individ Dif Personality and Individual Differences

Procedia Soc Behav Sci Procedia - Social and Behavioral Sciences

Psychol Sport Exerc Psychology of Sport and Exercise

SACJ South African Journal of Criminal Justice

SAMJ South African Medical Journal

SARE Southern African Review of Education

Soc Indic Res Social Indicators Research

Soc Sci Med Social Science and Medicine

THRHR Tydskrif vir die Hedendaagse Romeins-Hollandse Reg

WHOQOL SRPB Group World Health Organisation Quality of Life - Spirituality, Religiosity and Personal Belief Group Wm & Mary L Rev William and Mary Law Review

 

 

1 Preamble of the Constitution of the Republic of South Africa, 1996.
2 Cameron and Ferreira "Tony Honoré's Contribution" 34.
3 Van Wyk Inaugural Address 9, 11.
4 Stoker Aard en Rol van die Reg 66.
5 Oosthuizen Aspects of Education Law 10.
6 Steyn, de Klerk and Du Plessis Education for Democracy i , iv.
7 Law "Constitutions" 386.
8 Van Wyk Rights and Constitutionaiism 215.
9 Wehmeyer and Schalock 2001 Focus Except Child 2.
10 Carr, Gibson and Robinson 2001 BMJ 1240; Malkog 2011 Procedaa Soc Behav Sci 2847.
11 Adler "Social Security and Social Welfare" 400.
12 ANC BUI of Rights.
13 Ntamo v Minsster of Safety and Security 2001 1 SA 830 (Tk).
14 S v Dougherty 2003 2 SACR 36 (W).
15 S v Makwanyana 1995 3 SA 391 (CC).
16 S v Wlliiams 1986 4 SA 1188 (A).
17 Stransham-Ford v Mnnister of Justice and Correctional Services 2015 4 SA 50 (GP).
18 Chrsstaan Lawyers' Association of South Africa v Mnnister of Health 1998 4 SA 1113 (T).
19 Ex parte Minsster of Safety and Security in re S v Walters 2002 4 SA 613 (CC).
20 Soobramoney v Mnnsster of Heatth, KwaZuuu-Natal 1998 1 SA 765 (CC).
21 The quality of life is moderated by the degree of control over his or her life that an individual is perceived to have, and by the individual's opportunities for improvement in specific areas of life; Pajaziti 2014 Procedaa Soc Behav Sci 4738.
22 Krause 2012 Obtter 49; Spinner-Halev Enduring Injustice 169.
23 Rodin 2004 Ethcs Int Aff 65.
24 Freire Pedagogy of the Oppressed 12.
25 HSRC SASAS2008.
26 Villa-Vocencio "God, the Devil, and Human Rights" 227.
27 Meyerson 2001 Acta Anaesthesiol Scand 1110; Rautenbach Constitutional Law 333.
28 Henkin 1985 Wm & Mary L Rev.
29 Jordaan 2009 THRHR 211.
30 The Constitution of the Republic of South Africa, 1996 (the Constitution) differs in this regard from other constitutions which provide for the right to life as a qualified right, examples being those of the United States of America, Hungary and India and from international instruments such as the European Convention on Human Rights and the International Convention on Civil and Poiitical Rights (S v Makwanyana 1995 3 SA 391 (CC) paras 225 and 308; Currie and De Waal BUI of Rights Handbook 281).
31 Currie and De Waal Blll of Rights Handbook 289; Rautenbach Constttutional Law 341.
32 Van Wyk Rights and Constitutionaiism 660.
33 Section 37(5) of the Constitution.
34 Van Wyk Rights and Constitutionaiism 212.
35 Gillon 1985 BMJ 1890.
36 The subjective quality of life concerns feeling good and being satisfied with life in general. The objective quality of life concerns the fulfilment of societal and cultural demands for material wealth, social status and physical well-being; Pajaziti 2014 Procedaa Soc Behav Sci 4739.
37 Carr, Gibson and Robinson 2001 BMJ 1243; World Health Organisation in Malkog 2011 Procedaa Soc Behav Sci 2844.
38 Naidu etal Education Management 38.
39 Keith "Human Rights Instruments" 370; Standage and Gillison 2007 Psychol Sport Exerc 705.
40 Labuschagne 2004 SACJ 90.
41 Higgs 2007 Soc Indic Res 333.
42 Wehmeyer and Schalock 2001 Focus Except Chid 3.
43 Malkog 2011 Procedaa Soc Behav Sci 2843.
44 Carr, Gibson and Robinson 2001 BMJ 1257; Agyar 2013 Procedaa Soc Behav Sci2186-2193; Pajaziti 2014 Procedaa Soc Behav Sci 4738; Gaibie and Davids 2011 http://152.112.253.5/research/output/outputDocuments/6004_Gaibie_Qualityoflife.pdf; Flanagan 1982 Arch Phys Med Rehabll 57.
45 De Jager and Van Nieuwenhuis 2005 Quaiity in Higher Education 252.
46 Kende Constitutional Rights 5.
47 Carr, Gibson and Robinson 2001 BMJ 1257.
48 De Klerk Liturgical Involvement 55. Individuals from different ethnic and cultural background may have different values and perceptions of what is defined as a "good life": Agyar 2013 Procedaa Soc Behav Sci 2187.
49 Fowler 2010 Koers 136.
50 De Klerk Liturgical Involvement 35; the principles of ubuntu, entailing humanness based on the premises that we are because of others.
51 De Klerk Ltturgical Involvement 43, 68.
52 Dugard International Law 110.
53 Dickens Social Work, Law and Ethics 57, 61.
54 Ross and Van Willigen 1997 J Heatth Soc Behav 275; De Klerk Ltturgical Involvement 111; Van Wyk Rights and Constitutionaiism 215; Bayulken and Huisingh 2014 J Clean Prod 2.
55 Van Wyk Rights and Constitutionaiism 462.
56 Labuschagne 2004 SACJ 98.
57 Jansen, Pretorius and Van Niekerk 2009 Koers 69; Currie and De Waal BUI of Rights Handbook 315.
58 Van Wyk Rights and Constitutionaiism 214.
59 Section 7(2) of the Constitution.
60 Gaibie and Davids 2011 http://152.112.253.5/research/output/outputDocuments/6004_Gaibie_Qualityoflife.pdf; Móller 2007 Soc Indcc Res 184.
61 Flanagan 1982 Arch Phys Med Rehabll 59.
62 Currie and De Waal Blll of Rights Handbook 290.
63 Head of Department, Department of Education, Free State Province v Welkom High School 2014 2 SA 228 (CC).
64 Okafor and Ugochukwu 2011 AHRLJ 411.
65 DoE Policy Framework for Education and Training.
66 Undiyaundeye 2013 JETERAPS 514.
67 Oosthuizen Aspects of Education Law 73.
68 Preamble of the South African Schooss Act 84 of1996.
69 Chenic, Angelescu and Gheorghita 2012 Procedaa Soc Behav Sci 4561; Tudor, Grigore and Tudor 2014 Procedaa Soc Behav Sci 10; Pajaziti 2014 Procedaa Soc Behav Sci 4737; Benos and Zotou 2014 Wordd Development 670.
70 Petnuchova et al 2012 Procedia Soc Behav Sci 1325.
71 Chenic, Angelescu and Gheorghita 2012 Procedaa Soc Behav Sci 4565.
72 Braathea and Otterstada 2014 Procedia Soc Behav Sci 1199.
73 Basic Education for All v Minsster of Basic Education 2014 4 SA 274 (GP) and Section 27 v Minsster of Education 2013 2 SA 40 (GNP) in which the State was taken to court on not providing textbooks; Madzonzo v Minister of Basic Education 2014 3 SA 441 (ECM) in which the failure of the State to provide adequate furniture to schools had to be addressed.
74 Escuder-Mollon et al 2014 Procedia Soc Behav Sci 515.
75 Ananga 2012 SARE 103.
76 Centre for Child Law v Mnnister of Basic Education 2013 3 SA 183 (ECG) para 14.
77 Osei-Owusu et al 2013 JETERAPS 499-501: no educational system can rise above the quality of its educators and that no nation can rise above the level of its educating staff.
78 Head of Department, Department of Education, Free State Province v Welkom High School 2014 2 SA 228 (CC) paras 41, 45, 58-59.
79 Petnuchova et al 2012 Procedia Soc Behav Sci 1325.
80 Bontenbal 2009 Habitat International 187.
81 Freire Pedagogy of the Oppressed 15.
82 Fowler 2010 Koers 138-139.
83 Dickens Social Work, Law and Ethccs 76.
84 Fowler 2010 Koers 144.
85 Gaibie and Davids 2011 http://152.112.253.5/research/output/outputDocuments/6004_Gaibie_Qualityoflife.pdf.
86 Freire Pedagogy of the Oppressed 15.
87 Serfontein 2013 IJAC 138.
88 Freire Pedagogy of the Oppressed 15.
89 Freire Pedagogy of the Oppressed 16.
90 Rodin 2004 Ethics Int Aff' 65.
91 Dickens Social Work, Law and Ethics 58; Ghandi: the privilege of making one's own choices - the superior opinion of one's own life - is one of the most important freedoms of humankind.
92 Krause 2012 Obiter 49.
93 Escuder-Mollon et al 2014 Procedaa Soc Behav Sci 511.
94 Dickens Social Work, Law and Ethics 85-86; Rodin 2004 Ethics Int Aff 65; Spinner-Halev Enduring Injustice 169-170.
95 Carr, Gibson and Robinson 2001 BMJ 1257; Higgs 2007 Soc Indic Res 356.
96 Chetty et al 2012 SAMJ315; Oosthuizen Aspects of Education Law 73.
97 True self-esteem can only be enhanced when one's actions are self-determined - that is only when one acts with an internal perceived locus of causality; Standage and Gillison 2007 Psychol Sport Exerc 706.
98 Often referred to as a subjective way of measuring quality of life, life satisfaction is a complex construct that entails a human's overall evaluation of life domains such as health, wealth, job, interpersonal relationships and self-esteem.
99 Powdthavee, Lekfuangfu and Wooden 2014 J Behav Exp Econ 3.
100 Braathea and Otterstada 2014 Procedia Soc Behav Sci 1199; Wiesmann and Hurni Research for Sustainable Development 113.
101 Cockerill 2014 Int J Educ Res 15.
102 Sayed 2002 Compare 36.
103 Barber et al 2014 Soc Sci Med 92.
104 Barber et al 2014 Soc Sci Med 92.
105 Bekerman and Zembyla Teaching Contested Narratives 189.
106 Steyn, De Klerk and Du Plessis Education for Democracy 15.
107 Freire Pedagogy of the Oppressed Foreword; Bekerman and Zembyla Teaching Contested narratives 189.
108 Braathea and Otterstada 2014 Procedia Soc Behav Sci 1194.
109 Nussbaum Cuttivating humantty 294.
110 Allison et al 2012 Computer Networks 3812.
111 Aguilar and Retamal 2009 Int J Educ Dev 3.
112 Steyn, De Klerk and Du Plessis Education for Democracy 18; Braathea and Otterstada 2014 Procedia Soc Behav Sci 1194.
113 Mautjane 2012 http://www.idasa.org.za; Bekerman and Zembyla Teaching Contested Narratives i.
114 Clark 2003 Oxford Dev Stud 175.
115 Bekerman and Zembyla Teaching Contested Narratives 193.
116 Bajaj "Critical Peace Education" 136.
117 Cameron and Ferreira "Tony Honoré's Contribution" 34.
118 Du Toit 1998 J Soc Dev Afr 12.
119 Bekerman and Zembyla Teaching Contested Narratives 219-220.
120 Heyns and Kilander "Towards Minimum Standards".
121 WHOQOL 2006 Soc Sci Med 1490.
122 Self-esteem = ''the awareness of good possessed by self''. Standage and Gillison 2007 Psychol Sport Exerc 705.
123 Pajaziti 2014 Procedaa Soc Behav Sci 4738.
124 Arden "Balancing Human Rights and National Security" 328; Pamfilie, Onete and Maiorescu 2012 Procedia Soc Behav Sci 4030.
125 Escuder-Mollon et al 2014 Procedia Soc Behav Sci 511. "Education draws citizens toward one another by complex mutual understanding and individual self-scrutiny, building a democratic culture that is truly deliberative and reflective, rather than simply the collision of unexamined preferences. We hope in this way to ... increasingly learn how to understand, respect, and communicate, if our common human problems are to be constructively addressed." Nussbaum Cuttivating Humanity 294.
126 Undiyaundeye 2013 JETERAPS 515.
127 Braathea and Otterstada 2014 Procedia Soc Behav Sci 1200.
128 Allison et al 2012 Computer Networks 3812.
129 Lackéus 2014 IJME 375, 376, 377.
130 Le Fanu 2014 Int J Educ Dev 77.
131 Bekerman and Zembyla Teaching Contested Narratives 190; Bayulken and Huisingh 2014 J Clean Prod 10.
132 Ross and Van Willigen 1997 J Heatth Soc Behav 275-276.
133 Clark 2003 Oxford Dev Stud 173-196 found that most South Africans perceive job opportunities as crucial to living a quality life and improving their self-confidence and self-respect, their ability to rise to life's challenges, and their ability to plan for the future.
134 Ross and Van Willigen 1997 J Heatth Soc Behav 276; Malkog 2011 Procedia Soc Behav Sci 2847; Bayulken and Huisingh 2014 J C/ean Prod 10; Cheng et al2014 Pers Individ Dif 246.
135 Carr, Gibson and Robinson 2001 BMJ 1250. Individuals measure their quality of life in line with the judgments they make of all of their life experiences.
136 Ross and Van Willigen 1997 J Heatth Soc Behav 276.
137 Chenic, Angelescu and Gheorghita 2012 Procedia Soc Behav Sci 4561; Pomeranz 2012 Econ Hist Dev Reg 148.
138 Bayulken and Huisingh 2014 J C/ean Prod 10; Vosloo "Towards a Sustainable Development View" 14; Jeffreys 2008 GMJ 117.
139 Bekerman and Zembyla Teaching Contested Narratives 193; Bajaj "Critical Peace Education" 146.
140 Okafor and Ugochukwu 2011 AHRLJ 398.
141 Manala 2010 Scriptura 525.
142 Bayulken and Huisingh 2014 J Ceean Prod 5.
143 Manala 2010 Scriptura 528.
144 Access to water, sanitation, food, clothing, shelter.
145 Escuder-Mollon et al 2014 Procedia Soc Behav Sci 515; Gaibie and Davids 2011 http://152.112.253.5/research/output/outputDocuments/6004_Gaibie_Qualityoflife.pdf.
146 Serfontein 2013 IJAC 136.
147 Section 3 of the Constitution.
148 Freeman 2007 Int J Child Rts 20; Teddy Bear Clinic for Abused Chlldren v Minister of Justice and Constitutional Development 2014 1 SACR 327 (CC) para 1.
149 Wilde Poiiticaland Citizenship Education 7.
150 Ross "Education for Citizenship"185.
151 Ministry of Education Manifesto on Vauues, Education and Democracy.
152 Spinner-Halev Enduring Injustice 169.
153 Aguilar and Retamal 2009 Int J Educ Dev 14.
154 Ross and Van Willigen 1997 J Heatth Soc Behav 290.
155 Okafor and Ugochukwu 2011 AHRLJ 407.
156 Cheng et al 2014 Pers Individ Dif 241.
157 Cameron and Ferreira "Tony Honoré's Contribution" 35.
158 Freire Pedagogy of the °ppressed Foreword; Cheng et al 2014 Pers Individ Dif246.
159 Bekerman and Zembyla Teaching Contested Narratives 189.
160 Cameron and Ferreira "Tony Honoré's Contribution" 36.
161 Powers et al' 2012 Chldd Youth Serv Rev 2180; Furnham, Jensen and Crump 2008 Int J Select Assess 365.
162 Freire Pedagogy of the Oppressed 33.
163 Steyn, De Klerk and Du Plessis Education for Democracy 18.
164 Dickens Social Work, Law and Ethccs 57; Cockerill 2014 Int J Educ Res 21.
165 Meyerson 2001 Acta Anaesthesiol Scand 1108.