Legal mobilisation for education in the time of Covid-19

Veriava, Faranaaz; Ally, Nurina

doi:10.1080/02587203.2021.2004919

“…Leoschut (2013), for instance, identified that even though South Africa banned corporal punishment in 1996, in a national study carried out in 2012, 49.6% of children indicated that they had experienced corporal punishment from their teachers the past year. Similarly, Veriava and Power (2017), in a presentation of statistics on corporal punishment prevalence in South Africa from General Household Surveys, reported that 1.7 million pupils/students experienced it in 2014, which translated to 12.4% of the learner population. Studies in Nigeria produced a similar picture.…”

Section: Source: End Corporal Punishment (2022)mentioning

confidence: 99%

Untitled

2024

BJE

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This critical review, which was done on thematic basis, covers literature mainly from the period of 2015-2022 on corporal punishment obtained from some major databases and textbooks. The review, which took a funnel approach, covers literature from global, African and Ghanaian perspectives on corporal punishment. The review which covers literature on what is corporal punishment, forms of corporal punishment, prevalence of corporal punishment and reasons for the use of corporal punishment among others, is intended to give understanding on the use of corporal punishment in society. It also aims to guide future studies on the use of corporal punishment and the call for the use of other alternatives to corporal punishment.

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“…Leoschut (2013), for instance, identified that even though South Africa banned corporal punishment in 1996, in a national study carried out in 2012, 49.6% of children indicated that they had experienced corporal punishment from their teachers the past year. Similarly, Veriava and Power (2017), in a presentation of statistics on corporal punishment prevalence in South Africa from General Household Surveys, reported that 1.7 million pupils/students experienced it in 2014, which translated to 12.4% of the learner population. Studies in Nigeria produced a similar picture.…”

Section: Source: End Corporal Punishment (2022)mentioning

confidence: 99%

A Critical Literature Review of Corporal Punishment and Its Use in Society

Akyina

2024

BJE

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This critical review, which was done on thematic basis, covers literature mainly from the period of 2015-2022 on corporal punishment obtained from some major databases and textbooks. The review, which took a funnel approach, covers literature from global, African and Ghanaian perspectives on corporal punishment. The review which covers literature on what is corporal punishment, forms of corporal punishment, prevalence of corporal punishment and reasons for the use of corporal punishment among others, is intended to give understanding on the use of corporal punishment in society. It also aims to guide future studies on the use of corporal punishment and the call for the use of other alternatives to corporal punishment.

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“…190 Accordingly, the applicants returned to court for a more detailed court order requiring that the government provide food parcels and/or scholar transport and other measures to ensure that learners who were subject to rotational timetables continued to receive food on the days they were not physically at school during the school term. 191 The monitoring function of the structural order therefore served as an essential diagnostic tool for remedying the rights violation.…”

Section: Komape IImentioning

confidence: 99%

The Komape litigation - ensuring effective remedies

Veriava

2024

De Jure.

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The three Komape cases were spurred by the death of Michael Komape in 2014, when he drowned in a dilapidated pit toilet at his school in Limpopo. In the first judgment, the High Court recognised that the government had violated a host of rights - including the right to basic education and the rights of the children to have their best interests considered as paramount in any matter concerning them. However, the court refused to grant common law damages. This refusal was successfully appealed in the Supreme Court of Appeal. In the first judgment, the High Court also granted a structural order requiring the government to eradicate all pit toilets in the province. The plaintiffs did not appeal this part of the order. Subsequently, the plaintiffs needed to return to court after the government did not adequately comply with the structural order. The High Court once again ruled that the government was violating the rights of children by not urgently eradicating pit toilets in schools. A more detailed structural order was granted, requiring the government to formulate a new plan on urgent timelines. However, the court refused to extend its supervisory role. This article argues that structural orders have proved to be valuable tools in litigation for the right to basic education in the Komape case in particular. Further, the article argues that the High Court may have not fully understood the role of court-appointed agents in not granting a task team to monitor the government, as requested by the plaintiffs. The granting of a task team would have been appropriate in the case - given the gravity of the sanitation crisis, learners' right to basic education, and children's right to have their best interests be considered paramount in all matters concerning them.

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Legal mobilisation for education in the time of Covid-19

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A Critical Literature Review of Corporal Punishment and Its Use in Society

The Komape litigation - ensuring effective remedies

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