Litigation and social mobilisation for early childhood development during COVID-19 and beyond

Background Litigation has been utilised to advance a range of socio-economic rights in post-apartheid South Africa, including the right to basic education. Nonetheless, there has not been significant litigation or sustained broad-based mobilisation around issues impacting the early childhood develop...

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Bibliographic Details
Published in:	South African journal of childhood education Vol. 12; no. 1; pp. 1 - 12
Main Authors:	Ally, Nurina, Parker, Rubeena, Peacock, Tess N.
Format:	Journal Article
Language:	English
Published:	Johannesburg AOSIS 2022 African Online Scientific Information Systems (Pty) Ltd t/a AOSIS AOSIS (Pty) Ltd University of Johannesburg
Subjects:	Access to Education Actions and defenses Apartheid Child Development Child Health Childhood children Children & youth Childrens Rights Communication Coronaviruses Court Litigation Courts COVID-19 Departments Early Childhood Development Early childhood education Early Intervention Economic activity Economic rights Education Education, Special Educational Change Epidemics Equal Education Foreign Countries Government (Administrative Body) Grants international law Jurisprudence Language & Linguistics Legal mobilisation Litigation Management Maternal & child health Mathematics, Applied Pandemics Planning Commissions School Closing Schools Social Change Social Development Social Sciences, Interdisciplinary Social Services Socioeconomic factors South Africa Stakeholders strategic litigation Subsidies Young Children South Africa COVID-19 early childhood development strategic litigation international law children legal mobilisation
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Summary:	Background Litigation has been utilised to advance a range of socio-economic rights in post-apartheid South Africa, including the right to basic education. Nonetheless, there has not been significant litigation or sustained broad-based mobilisation around issues impacting the early childhood development (ECD) sector in the democratic era. The coronavirus disease 2019 (COVID-19) pandemic, however, saw some ECD stakeholders turning to the courts to advocate for their survival, as well as to mobilise and advocate for sector reforms.Aim This article aimed to critically reflect on the role of litigation and social mobilisation in advancing the right to ECD during and beyond the COVID-19 pandemic.Setting The article assesses two South African cases with national implications.Methods The article critically assesses two South African cases relating to ECD during the pandemic. At the time of writing, these were the only South African judgements specifically relating to the impact of COVID-19 on the ECD sector.Results The two cases played an important role in: (1) reopening the ECD sector during the pandemic; and (2) making efforts to ensure that the sector could remain open. However, the cases were not based on a holistic rights-based approach to ECD, which remains an area for further development.Conclusion The article concludes that litigation may play a significant role in advancing children’s rights to ECD, particularly as a complement to broader social mobilisation strategies. The cases highlight the (1) need and potential for building a holistic rights-based foundation of ECD jurisprudence post the pandemic; and (2) strategic use of litigation interventions as part of broader mobilisation strategies.
ISSN:	2223-7674 2223-7682 2223-7682
DOI:	10.4102/sajce.v12i1.1054