Laws, regulations and policies

International and National legislation relevant to home education in South Africa.

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Overview of legal aspects

An overview of the legal aspects of home education in South Africa. The legal status as well as the practical situation is discussed.
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Constitution of the Republic of South Africa
The SA Constitution gives everybody the right to a basic education in art. 29(1) and children the right to parental care in art. 28(1). The relevant articles are highlighted.
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Universal Declaration of Human Rights
Art. 26(3) of the Universal Declaration of Human Rights confirms that parents have the right to choose the type of education for their children. The article is highlighted.
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South African Schools Act
The SA Schools Act requires that parents must cause their children to attend school, between specified ages in art. 3. Children van be exempted compulsary school attendance, if it is in the interest of the child. Art. 51 allows for children to be registered for education at home. The relevant articles are highlighted.
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Manifesto on Values in Education
The document that provides a description and interpretation of the 10 values of the constitution. It is the values described in this document on which the Revised National Curriculum is based.
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Revised National Curriculum Statement Grades R - 12
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International Covenant on Econ, Soc. and Cult. Rights
Art. 13(3) of this covenant states that the state must respect the liberty of parents ... to choose for their children schools other than those established by public authorities which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions.
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European Convention on Human Rights
Section 2 Art. 2 of this convention states that the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.
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White Paper on Education and Training

This document explains the principles on which the SA Schools Act is based. One of these principles is : "Parents or guardians have the primary responsibility for the education of their children, ... Parents have an inalienable right to choose the form of education which is best for their children, particularly in the early years of schooling, whether provided by the state or not, subject to reasonable safeguards which may be required by law."
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Ammendments to Gauteng School Education Act 2011
The complete text of the ammendments to the Gauteng School Education Act in 2011. These ammendments are so poorly written that it would be very difficult to enforce this legislation through the courts.
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Minister of Education v Harris (Oct 2001)
In this case the constitutional court has ruled that "Policy made by the Minister in terms of the National Policy Act does not create obligations of law that bind provinces, or for that matter parents or independent schools."
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Berlin Declaration

Leaders in the homeschooling movement from some two dozen countries signed a historic document dubbed the “Berlin Declaration” on November 3 2012, demanding that governments around the world respect families and the fundamental human right to home education while slamming authorities in places like Germany and Sweden that ruthlessly persecute homeschoolers.