HUMAN RIGHTS DAY: The right to education, the right to language and culture and the right to cultural, religious and linguistic communities

20 March 2018 ,  Minette Bowen 835

Sections 29, 30 and 31 of the 1996 Constitution of the Republic of South Africa protects each citizen’s right to education, language and culture, and cultural, religious and linguistic communities respectively. All three of these rights have the purpose of serving the minority of society.

The right to education has three main pillars as set out in section 29(1);(2) and (3). Firstly, it states that everyone has the right to basic education, including adult basic education and further education, which the state, through reasonable measures, must make progressively available and accessible . The concept of basic education is understood as being basic literacy, numeracy and social skills. The importance of this right lies in the fact that it affords all citizens the opportunity to become active members of society. Furthermore, this right affords every person the right to receive education in an official language or languages of their choice in public educational institutions where that education is reasonably practicable. Thirdly, everyone has the right to establish, at their own expense, an independent educational institution subject to certain conditions.

The right to language and culture as set out in Section 30, has the purpose and aim to allow everyone the  right to use the language of their choice and to be participants in any culture of their choice, this is however limited and subject to the fact that the exercise of this right cannot infringe  any provisions contained in the  Bill of Rights.

Section 31 deals specifically with individuals who are part of a community and states that they are not allowed to be denied the right to enjoy their culture, practice their religion and use their language. In addition, they may not be prohibited from forming cultural, linguistic or religious associations. Again, this right cannot be exercised if it is inconsistent with any provisions of the Bill of Rights. This right is thus essential as it is more focused on individuals who belong to a specific community and accordingly it protects both the individual and group interests.

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