Basic education in the language of choice : a contextual interpretation

Abstract

This thesis explores the constitutional right to receive basic education in the language of choice. This fundamental human right imposes a duty on the state to provide children with education in the language of their choice whenever reasonably practicable. It is not a matter of whether the state has to fulfil section 29(2) of the Constitution, but rather how to give effect to this provision. The right to receive basic education in the language of your choice is however, qualified by the specific internal limitation that provides that the right is subject to the condition that provision of education in the preferred language has to be reasonably practicable. Section 36, the limitation clause, is also a measure that can be used to limit this right. The aim of this paper is to contextually interpret the fundamental right to receive education in the language of one’s choice and to weigh up the intent of the provision to the provision’s actual result. All relevant factors will be taken into consideration to examine the possibility of limiting the right to receive instruction in the language of choice to comply with the purpose of education and the best interests of the child.