The Domestication of the United Nations Convention on the Rights of the Child in South Africa

Abstract

The domestication of the United Nations Convention on the Rights of the Child (CRC) in South Africa presents a critical constitutional commitment towards protecting the rights of children. The paper reflects on the right to basic education as provided in Section 28 of the Constitution of South Africa and related key policy frameworks. This research examines the extent to which the CRC has been effectively translated into practice, focusing specifically on access to basic education for orphans and vulnerable children in South Africa. Based on primary findings obtained through qualitative research, the study shows that while judicial and policy frameworks reference the CRC, systemic inequalities persist, and the efficacy of the process is undermined by systematic inequalities, poor infrastructure and resource allocation, and socio-economic barriers faced by vulnerable children. The situation is further impeded by a lack of monitoring mechanisms, effective enforcement, accountability and political governance from policymakers.