REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA 338. Secondly, the policies limit pregnant learners’ fundamental right to basic education in terms of section 29 of the Constitution by requiring them to repeat up to an entire year of schooling. Although in theory they are entitled to return to school and therefore to complete their education, many learners simply cannot afford to add an extra year to their studies. Moreover, statistics from Harmony indicated that two-thirds of the learners who fell pregnant never returned to complete their secondary-school education. The policies thus have drastic effects on learners’ ability to complete their schooling. 339. Thirdly, the policies violated learners’ rights to human dignity, privacy and bodily and psychological integrity by obliging them to report to the school when they believe they are pregnant. In addition, all other learners are required to report to school authorities when they suspect that a fellow learner is pregnant. The policies thus have the effect of creating an atmosphere in which pregnant learners feel the need to hide their pregnancies rather than seek help from school authorities for medical, emotional and other support. 340. The case of Western Cape Forum for intellectual Disability v Government of the Republic of South Africa196 involved the rights of severely and profoundly intellectually disabled children in the Western Cape. In addition to these judgments, there are further judgments which were handed down during the period under review which also pertain to the right to education.197 The right to cultural practices 341. In relation to the right to participation in cultural practices of one’s choice, section 30 and 31 of the Constitution apply.198 The section 31 right protects both individual and group interests in cultural integrity. 342. Government is constantly mindful of the fact that South Africa is a country of rich cultural diversity. Perhaps one of the most outstanding things about South African culture is that it is not one single culture, but rather a range of different cultures representing every 196 2011 (5) SA 87 (WCC) Centre for Child Law v MEC for Education, Gauteng 2008 (1) SA 223 (T), Hoërskool Ermelo v Head of Department of Education: Mpumalanga 2009 (3) SA 422 (SCA), Governing Body of the Juma Musjid Primary School v Essay N.O. 2011 (8) BCLR 761 (CC) and Minister of Education (Western Cape) v Mikro Primary School Governing Body [2005] 3 All SA 436 (SCA) 198 S 30 “Everyone has the right to use the language and to participate in the cultural life of their choice, but no one exercising these rights may do so in a manner inconsistent with any provision of the Bill of Rights.” And s 31 “(1) Persons belonging to a cultural, religious or linguistic community may not be denied the right, with other members of that community(a) to enjoy their culture, practise their religion and use their language; and (b) to form, join and maintain cultural, religious and linguistic associations and other organs of civil society. (2) The rights in subsection (1) may not be exercised in a manner inconsistent with any provision of the Bill of Rights.” 197 98