The Realisation of the Right to Higher Education of Persons with Disabilities During the COVID-19 Pandemic: Some Reflections on South Africa’s (Non-)Inclusive Response

The aim of this chapter is to explore the extent to which measures adopted in South Africa to foster the right to education during the Covid-19 pandemic were inclusive of the right to education of students with disabilities. To this end, the chapter examines the normative compliance with international standards on the right to inclusive education. It then proceeds to explore the extent to which these measures were implemented during Covid-19 to the benefit of students with disabilities. Ultimately, the paper finds that students with disabilities were forgotten during the pandemic as measures adopted to advance the right to education for all did not include reasonable accommodation measures to secure the right to education of students with disabilities. The paper finds that an effective implementation of the right to inclusive education during a pandemic starts with a thorough implementation of this right in times of peace or no pandemic.