Bullying conjures up visions of the traditional schoolyard bully and the subordinate victim. However, bullying is no longer limited to in-person encounter, having come to include cyberbullying, which takes place indirectly over electronic media. In this electronic age, cyber platforms proliferate at an astonishing rate, all attracting the youth in…

While the South African Constitution enshrines both children's right to a basic education and teachers' right to strike, conflict between these two often occurs when the way in which teachers' unions conduct strike actions detracts from learners' education. This article identifies the parties affected by industrial action in the school context,…

South African educators are mandated by international and national law to observe and promote human rights. However, given the realities of the limited teaching time available, educators cannot fulfill this obligation solely by teaching the curriculum. Another avenue needs to be found for educators to fulfill this obligation. Educators are also…

The central feature of Athenian citizens' rights, that is, people's participation in government, is also enshrined in the South African Constitution. This article argues for the Athenian style of participatory democracy as a viable model of participation in governing South African schools. The author claims that "people's education",…

The impact of DPN on South Africa is remarkable particularly the profound transformations in the country since 1988. When citizens find that their civil rights are not being granted, they may form movements to claim equal protection for all citizens. They may also call for new laws to stop current discrimination. In 1988 it was the "Deaf…

Children's participation is a popular rallying cry among child rights activists and community development groups, backed by the recognition of children's participatory rights in the United Nations Convention on the Rights of the Child (UNCRC). Participation is both a guiding principle of the UNCRC and an explicit right. Article 12 establishes the…

This paper examines the difficulties encountered by Biowatch, a South African civil society environmental organization, in its attempts to obtain access to government information in respect of genetically engineered plants. After establishing the context of South Africa's access to information regime, including a brief discussion of several of its…

The aim of this article is to investigate the rural educators' understanding of the legislations that impact on school practice. An argument is presented that the understanding of the legal frameworks that govern school practice begins with the educators' understanding of the Bill of Rights and the South African Schools Act. The article reports on…

Higher education systems, globally, are being called upon to effect changes in terms of widening student access and diversifying a previously homogenous academic staff profile. In South Africa, one of the main forces driving the diversification of academic staff is state policy in the form of employment equity legislation, with racial redress…

After 1994 several pieces of legislation were passed in South Africa to ensure equity in education and equal opportunities for all learners. Some shocking reports have indicated that sexual harassment of girls is a serious problem in many of our schools. These girls are denied equal opportunities and effective education in schools as they are…

Although the systems of public schools differ among Australia, South Africa and the USA, all three countries recognize that religion plays a significant role in determining values. All three countries have written constitutions but only South Africa and the USA have a Bill of Rights that protects persons' exercise of religious beliefs. In…

The Constitution provides the ground rules to create obligations on the state and to transform the education system by introducing human rights in line with the best developed democracies. This article is not about state-compelled school attendance, but rather the observe: the right to attend school. So while the right to attend school is part of…

This monograph attempts to familiarize people with their constitutional rights through the use of a playlet presented as a conversation among three people. The conversation points out that many rights stand in conflict with one another and how a balancing act must be achieved to carry out the enjoyment of one's rights. The monograph proceeds on…

This report to the United Nations Committee on the Rights of the Child contains observations of the World Organisation Against Torture (OMCT) concerning the application of the U.N. Convention on the Rights of the Child by the nation of South Africa. Noting that the Convention is the only "mainstream" human rights instrument that…

This outline is part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It covers a presentation on changes in the law and social structure of South Africa. As an outline, it briefly touches upon a number of topics, but focuses mainly on South Africa's emerging "final"…