The Role of Social Services in Realising Children’s Rights in the Education System

What is it about?

The South African Constitution (1996) in Section 28(1)(c) clearly states that children have a specific right to social services, making them the only vulnerable group with this explicit right. However, many children still struggle to access essential social services despite this constitutional provision. This article suggests that by incorporating social services into school settings, we can better uphold children's right to social services and other rights, ultimately improving their access to basic education. Using the framework of transformative constitutionalism, the study explores the effectiveness of providing social services through a program in Botshabelo schools in the Free State. The research, conducted through qualitative methods and an exploratory case study design, aims to understand if this approach promotes the realization of children's rights. The findings indicate that delivering social services in schools can contribute to fulfilling various rights of children. The article recommends establishing a collaborative partnership between the Departments of Social Development and Basic Education. The latter is encouraged to support and expand the provision of social services within schools. This integration not only supports essential human rights for children, such as child protection, social security, and a safe environment but also shows promise in improving the academic performance of students facing challenging circumstances.

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Why is it important?

Understanding and implementing children's explicit right to social services, as enshrined in Section 28(1)(c) of the South African Constitution, is crucial to bridge the gap between constitutional guarantees and the practical challenges many children face in accessing essential services. This article proposes integrating social services into school settings, utilizing transformative constitutionalism, as a promising avenue to not only champion children's rights but also enhance their overall well-being and educational outcomes. The findings underscore the significance of such integration, suggesting that it not only fulfills various children's rights but also has the potential to positively impact academic performance, particularly for those facing challenging circumstances. The recommendations for collaborative partnerships between relevant government departments further emphasize the importance of translating constitutional provisions into actionable policies to improve the lives of South African children.