oa ESR Review : Economic and Social Rights in South Africa - The duty to provide basic education for children with severe and profound intellectual disabilities : case review

Volume 12, Issue 3
  • ISSN : 1684-260X



The applicant in the case of was a body comprising various non-governmental organisations (NGOs) that care for children with severe and profound intellectual disabilities in the Western Cape. The applicant's case was that the state's financial provision for children with severe or profound intellectual disabilities was much less than that provided for other children, that such provision was inadequate to cater for the educational needs of these children, and that the money was only available when NGOs provided the facilities. (Children with an IQ of 20 to 35 are considered severely intellectually disabled, while those with an IQ below 20 are deemed to have profound intellectual disability.) It was argued that these circumstances infringed the rights of the children concerned to education, equality, human dignity and protection from neglect and degradation.

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