Interesting blog post on the right to basic education, the allocation of resources, and judicial remedies. Brian Honermann explains the potential importance of a recent decision in South Africa, where the Court ruled that the non-delivery of textbooks is a violation of the right to basic education. In the decision, the Court noted how Parliament had failed to allocate the necessary funds to ensure that every student received a textbook, and ordered that in the future the Department of Basic Education must account for how much it asks for and how much is actually allocated by Parliament. This added layer of transparency can be used by CSOs to put pressure on Parliament to allocate an amount that will ensure universal textbook delivery, or else justify why it hasnt. The Court added: I think that it is arguable that a case could be made out to compel Parliament to vote enough money to meet the needs of Limpopo learners in relation to textbooks despite the very difficult nature of the case which would have to be made. For further information, see RTEs pages on education financing: right-to-education.org/issue-page/education-financing Justiciability: right-to-education.org/issue-page/justiciability And the Limpopo textbooks crisis: right-to-education.org/resource/limpopo-textbook-crisis-south-africa-how-section27-used-rights%E2%80%90based-strategies-hold oneillinstituteblog.org/engaging-budgetary-process-socio-economic-rights-litigation/
Posted on: Tue, 19 Aug 2014 10:31:48 +0000
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