Section 6 of the Equality Act states that nobody, including the government, may unfairly discriminate against any human being. Section 8 of the Equality Act makes it illegal to discriminate on the basis of gender. In particular, Section 8(f) bans discrimination on the basis of pregnancy and 8(g) forbids discrimination where the result is to constrain women’s access to social services or beneficial services such as healthcare and education.
Section 10 of the Constitution states that every person has the right to dignity and to have their dignity treated with respect and protected. Closely related to the right to dignity is the right to a basic education, which the Constitution pledges to everyone, in Section 29(1)(a). The Bill of Rights also
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Some provincial education departments, such as the Western Cape Education Department (WCED), do have a pregnancy policy for their province. The WCED’s Policy sets out guidelines for their schools in managing learner pregnancy. The guidelines say that pregnant learners are to be considered learners with ‘special needs’ and must have the opportunity to receive counselling. It also says that School Governing Bodies (SGBs) are accountable for every learner’s right to education – this includes enrolling pregnant learners and learners that have children.
Learner pregnancy is dealt with in different ways across provinces because there is no national policy. SGBs have been left to devise their own learner pregnancy policies without any direction as to what is lawful. In many instances, these policies have been greatly discriminatory. Pregnant learners are being subjected to unlawful practices at schools, which include being threatened with suspension or expulsion or being declined catch-up plans for missed lessons. Some learners are not allowed to return to school for at least a year after giving birth.
Examples of discriminatory school policies in South
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If the learner does not pay a deposit, she must stay away from the school until she pays. The policy also states that a learner must leave school at the end of her fifth month of pregnancy and will only be allowed back for the first three months after giving birth. A learner will not be permitted to write exams during her third trimester. When the learner is back at school, she will not get time off to help her look after her baby and so cannot use her baby as an excuse for not attending school. The learner will not be allowed to have any form of communication or contact with the father of the child on school premises, even if the father is also a student at Slovo High.
Slovo High’s policy is clearly aimed at punishing Angela because she is pregnant, and therefore discriminates against her. Far from helping her, the policy makes it problematic for Angela to stay in school because there is no sympathy for if she has to take time off when her baby needs her.
It is in Angela’s best interests to go back to school as soon as she can and to get her education, so that she can become a fruitful member of society and is able to financially care for her child.
South Africa has clear constitutional and international requirements that require the state to guarantee that Angela is able to attend school for as long as possible,