Answer to Question #222770 in Economics of Enterprise for Ziyanda

Question

2.1 Explain the concept “duty of care” and give examples. (5) 2.2 Discuss human dignity [section 10 in the Bill of Rights] in the classroom as this provision recognises the right of people to be treated with respect and dignity. (5) 2.3 In terms of section 7(2) of the Constitution of the Republic of South Africa, everyone including teachers and parents have the duty to respect, protect and fulfil learners’ right to education. Discuss the statement in line with the following: availability, accessibility, acceptability and adaptability (5)

Answer 1

2.1

Duty of care

This is the legal responsibility of a person or an organization to avoid any behaviors or omissions that could reasonably be foreseen to cause harm to others.

Example:

1.A doctor would owe a patient the duty of care to make sure that they give the patient proper medical attention.

2.A duty of care is owed by an accountant in correctly preparing a customer's tax returns.

2.2

According to section 10 of the constitution of the Republic of South Africa, everyone has inherent integrity and the right to have their dignity respected and protected. Human dignity is central value of the objective , normative value system established by the constitution. The right to human dignity is pre-eminent value in the constitution. The right to human dignity cannot be realized if all the other socio-economic rights are not realized. Recognizing the right to dignity is an acknowledgement of the intrinsic worth of human beings. Human beings are entitled to be treated as worthy of respect and concern.

2.3

Availability

Availability of the right to education shows that functional institutions of education and programs have to be available in sufficient quantity. This may include buildings, sanitation, trained educators teaching materials, libraries and computer facilities.

Accessibility

Accessibility of the right to education incorporates the following:

1.Education must be accessible to all without unfair discrimination.

2.Education must be physically accessible i.e. schools should be within safe physical reach.

3.Education must be economically accessible, that is , it must be affordable to all.

Acceptability

Acceptability to the right of education refers to the quality or substance of education including curricula and teaching methods. These features should be acceptable in terms of relevance and cultural appropriateness to learners and in some cases also for parents. Standard and quality of education must be in line with the standards set by the state.

Adaptability

Adaptability of the right of education refers to the capacity of the education system to adapt to the diverse and changing needs of learners, parents and communities. This includes whether or not education is adaptable in a manner to include education of people with disabilities.