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Equal Education Fights for Learners With Disabilities in Court
Equal Education celebrates the recent victory in the Western Cape for intellectually disabled learners, and the affirmation by the Western Cape High Court of the right of everyone to a basic education, dignity and equality.
Equal Education (EE) is encouraged by a recent judgment in the Western Cape High Court, where the court upheld and advanced the rights of children who are severely and profoundly intellectually disabled. Last week, the court found that the government’s failure to make provision for the educational needs of children with IQ’s below 35 was a breach of the children’s constitutional rights to basic education, equality and dignity, and protection from neglect or degradation.
Currently, children in the Western Cape who are severely and profoundly intellectually disabled (with IQs below 35) are not directly catered for in the schooling system, despite them being of the most vulnerable groups in our society. Instead, only children who have IQ’s between 35 and 70 (who are classified as having moderate to mild intellectual disabilities) are able to attend special schools, while children with severe and profound intellectual disabilities are catered for by way of a subsidy from the Department of Health, which is given to Special Care Centres.









