Legal Norms and the Capabilities Approach (CA): Reinterpreting Children’s Right to Access to Basic Education
Legal Norms and the Capabilities Approach (CA): Reinterpreting Children’s Right to Access to Basic Education

Summary/Abstract: This article discusses access to basic education as a constitutionally entrenched legal norm.It presents an exposition of inherent interdependence between rights-based approaches to childdevelopment and theoretical underpinnings founded in the Capabilities Approach (CA). The article isconsiderate of the fact that every progressive developmental state needs literate and educated citizenryto achieve sustainable economic and human development, and thus secure social stability and humanwell-being. It relies on the Constitution, 1996’s foundational values and theoretical connotationsfounded in Sen and Nussbaum’s Capabilities Approaches. Nussbaum is the focal point because heraccount of the CA is linked with fundamental ideals of constitutional law and rights-based approachesto development. It proposes a pattern of combining and using frameworks of rights and capabilities tomove beyond promises made through legal instruments. It is asserted that access to equitable andquality basic education is yet to be achieved in South Africa. It remains a distant dream owing to narrowinterpretations and dual system of private-public education, under which quality education iscommodified and only accessible to the wealthy few. Thus, to improve access to quality basiceducation, we ought to understand that laws are normative standards that need to be complimented bystrong moral and ethical commitments in order to be responsive to children’s and society’s socialdevelopmental needs.

• Details
• Contents