A critical analysis of section 5 (513) of the policy on pregnancy among learners in schools

Abstract

ABSTRACT provided by author

I set out to find out the practical application and implications of Sec 5(5.1.3) of the Policy on Pregnancy among Learners in Schools. Results from the interviews conducted reflects that the female learners' right to education is limited to the extent that she is denied access to the school during the time of her confinement and subsequent one years' absence from school. Therefore even if Sec 5 (5.1.3) of the Policy does not intent to violate her fundamental right to education it inevitably does so by placing a limitation on its exercise. The lack of correct interpretation of the section by the Principals leads to them suspending the pregnant female learner instead of confining her, preferably upon her pregnancy becoming visible. This in itself constitutes discrimination on the female learner on the basis of her pregnancy

The study also reveals that the section in question does in actual fact vest the decision maker with discretion as far as its interpretation, application and implementation is concerned. Therefore, the exercise of discretion allows the consideration of factors such as individual ability and the presence of a sufficiently reliable support system. Should these factors be taken into consideration the required absence from school for one year loses itsvalidity