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Zim’s education law still has gaps

guest column :Rongedzayi Fambisayi Zimbabwe recently adopted the Education Amendment Act, 2020, to align its Education Act with the country’s Constitution. The amendment is a result of consultations about how every child could realise the right to free basic education. The Act has fairly extensive provisions to protect, respect and fulfil the right to education for all children. It addresses issues pertinent to education, including the prohibition to expel pregnant girls from school, free and compulsory education, sexual and reproductive health issues, and the rights of learners with disabilities. As a researcher focused on children’s rights, I argue that while the amendment is commendable and progressive, the current economic outlook presents challenges and barriers in practice. Some of the challenges include dilapidated school infrastructure, lack of access to educational materials and the unavailability of teachers due to protest action. Free and compulsory education The purpose of the amendment is to give effect to the constitutional right to education and specify its underpinning principles. The State has the duty to provide learners with resources and facilities for learning. But there is a condition. The right is subject to the availability of State resources. Essentially and technically, the government could delay the realisation of the right on the basis of not having the required funds. The Act makes it clear that attending State-funded education isn’t optional, but compulsory. It is an offence for any parent or guardian to deprive a child of education paid for by the State. The law also underscores that schools may not expel learners for failing to pay fees. This also applies to privately-owned schools that aren’t State-funded. So, no learner can be expelled (legally) in light of the amendment, even though private schools need to cover their costs. Expulsion of pregnant learners from school The amended Act says no child shall be excluded from school on the basis of pregnancy. Pregnancy can’t affect the decision to admit, suspend or expel a learner. This progressive and commendable provision applies to both government and private schools. A 2019 report by the Primary and Secondary Education ministry noted the prevalence of school dropouts as a result of pregnancy or early marriages. There are also concerns about the increasing cases of teenage pregnancy and potential school dropouts in the aftermath of COVID-19. The Act will now ensure that pregnant girls will have access to education. Going forward, there is need to foster a change of attitude among teachers, learners and parents. It’s one thing to have a right to remain in school while pregnant, and another to have an environment that supports and upholds such a right. Change of attitude cannot be legislated. But the implementation still relies on the government, working in partnership with organisations such as Plan International Zimbabwe and CAMFED [Campaign for Female Education], to foster behaviour change, inclusion and tolerance in communities. Acces

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