FACULTY OF LAW

MODULE OUTLINE

YEAR: 2023
Module Details:
PROGRAMME: LLB (BACHELOR OF LAWS)

Module Title: Human Rights Law

Module Code: LFH 422E

Module Credit Value: 16 Credits

National Qualifications Framework (NQF) Level: 8

Date of Approval of Module by Faculty: 2010

Name of Lecturer: Prof N Ntlama-Makhanya

Contact Details: [email protected] / 043-7047538

Room: 609-Gasson Building
Faculty Managers: Ms K Mkhiva / Ms P Zinto
[email protected] / [email protected]
ORGANIZATIONAL COMPONENT

1 WELCOME

The aim of the module is to provide a basic understanding and knowledge of human rights;
their foundation and historic development; norms; principles, standards and institutions built
around them. The broad purpose and its objective is to provide the students with the an
understanding of that branch of law dealing with the rights and freedoms of individuals.
Individual rights are considered within the normative and institutional contexts of international,
regional and national frameworks relevant to South Africa and beyond. Challenges to the
formulation and adoption of universal models of rights are examined, particularly those
relevant to Africa. The module also looks at the means available for the protection of such
rights and freedoms. The module is intended to provide learners with an opportunity to
become familiar with basic research and analytical skills in human rights law. Recognising the
dynamic nature of human rights, this module has also been designed to stimulate critical and
imaginative thinking among learners both as individual and as collective beneficiaries, duty-
holders, and purveyors of effective human rights protection and promotion.

We will deal with international mechanisms and systems and focus on the South African Bill of
Rights and the manner in which South African law protects and promotes human rights. It is
essential to deal with South African human rights law because the individual human rights
contained in our Constitution impacts on all LLB modules and will be relevant to your future
legal careers.

Student completing this module should ideally be in their fourth year of study. Students are
thus considered to be mature enough to understand that this module requires continues study
and commitment. The lecturer cannot assist students who, due to a lack of effort, are unable
to master this module and therefore no such appeals, at the end of the semester will be
entertained.

Thereof, it is with great honour to welcome you to the study of this Module in anticipation that
you will enjoy it because it will expose you to the general framework of the laws regulating the
implementation of human rights and how such instruments contribute to the advancement of

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the enjoyment of the rights envisaged in various instruments at national, regional and
internationally.

2 CONTACT DETAILS
2.1 Role Players

Person Name Telephone Email

Course Facilitator Prof N Ntlama- 7538 [email protected]
Makhanya
Class
Representative-to
be advised

Ms K Mkiva / 7521 [email protected]

Faculty Managers Mrs P Zinto 7530 [email protected]

2.2 Consultation Hours

The lecturer will be available for 1 hour after each lecture should the learners have
questions about the lecture. Learners are required to arrange and confirm a formal
appointment in advance via email in the event that a consultation is required. This
opportunity is exclusively for the purposes of discussing matters pertaining to the
module. The learner must provide the lecturer with details of the matters to be discussed
and must ensure that their personal class notes are available at the consultations failing
which the consultation will be re-scheduled to obtain these notes. See the general
prospectus for further details regarding other support services.

3 Overview of the Qualification

3.1 Name of the Qualification / Programme:
Bachelor of Laws

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3.2 Rationale for the Degree:
See the Faculty of Law Prospectus

4. Language Policy
Lectures will be presented in English.

PART B: LEARNING COMPONENT

4.1 Structure of the Module

Module Title: Human Rights Law
Module Code: LFH 422E
Credit value: 16 credits
Place in Programme: Core Subject in LL.B

4.2 Level descriptors of the module –

The level descriptors describe the learning achievement at a particular level of the NQF
that provides a broad indication of the learning achievements or outcomes that are
appropriate to a qualification at that level.

NQF Level 8 - Exit Level

(a) Scope of knowledge, in respect of which a student is able to demonstrate
knowledge of and engagement in an area at the forefront of a field, discipline or
practice; an understanding of the theories, research methodologies, methods and
techniques relevant to the field, discipline or practice; and an understanding of
how to apply such knowledge in a particular context.
(b) Knowledge literacy, in respect of which a student is able to demonstrate the
ability to interrogate multiple sources of knowledge in an area of specialization
and to evaluate knowledge and processes of knowledge production.
(c) Method and procedure, in respect of which a student is able to demonstrate an
understanding of the complexities and uncertainties of selecting, applying or
transferring appropriate standard procedures, processes or techniques to
unfamiliar problems in a specialized field, discipline or practice.

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(d) Problem solving, in respect of which a student is able to demonstrate the ability
to use a range of specialized skills to identify, analyse and address complex or
abstract problems drawing systematically on the body of knowledge and methods
appropriate to a field, discipline or practice.
(e) Ethics and professional practice, in respect of which a student is able to
demonstrate the ability to identify and address ethical issues based on critical
reflection on the suitability of different ethical value systems to specific contexts.
(f) Accessing, processing and managing information, in respect of which a student
is able to demonstrate the ability to critically review information gathering,
synthesis of data, evaluation and management processes in specialized contexts
in order to develop creative responses to problems and issues.
(g) Producing and communicating information, in respect of which a student is able
to demonstrate the ability to present and communicate academic, professional or
occupational ideas and texts effectively to a range of audiences, offering creative
insights, rigorous interpretations and solutions to problems and issues
appropriate to the context.
(h) Context and systems, in respect of which a student is able to demonstrate the
ability to operate effectively within a system, or manage a system based on an
understanding of the roles and relationships between elements within the
system.
(i) Management of learning, in respect of which a student is able to demonstrate the
ability to apply, in a self-critical manner, learning strategies which effectively
address his or her professional and ongoing learning needs and the professional
and ongoing learning needs of others.
(j) Accountability, in respect of which a student is able to demonstrate the ability to
take full responsibility for his or her work, decision-making and use of resources,
and full accountability for the decisions and actions of others where appropriate.

3 Purpose of the Module

To prepare well-rounded graduates for entry into legal practice, into a wide range of
other careers which require the application of law and for post-graduate studies in law;
• To impart knowledge and appreciation of the values and principles enshrined in the
Constitution;

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 • To develop critical thinking and a understanding of theories, concepts, principles,
ethics, perspectives, methodologies and procedures of human rights law;
• To develop the ability to apply knowledge of human rights law appropriately in
academic, professional and career contexts;
• To develop the capacity to be accountable and take responsibility in academic,
professional, and relevant societal contexts;
• To educate learners on the importance of human rights at an international, regional
and domestic level;
• To know and understand the foundational aspects pertaining to international, regional
and domestic human rights mechanisms, systems and institutions;
• To understand and apply the categories of rights in the Constitution;
• To solve factual problem scenarios involving violations of the rights contained in the
South African Bill of Rights by applying the relevant principles, provisions and
Constitutional Court decisions;
• To develop research and analytical skills with specific reference to a variety of relevant
information sources, the determination of the relative authority of relevant information
sources, the presentation reasoned choices between alternative solutions, the use of
techniques of legal reasoning, methodology and argumentation to reach a plausible
conclusion, the use of appropriate referencing style guidelines, and the demonstration
of academic integrity in research.

5 Learning Outcomes and Associated Assessment criteria:

5.1 Critical Cross-Field Outcomes
Successful learners should be able, in relation to Human Rights Law, to:
(a) identify and solve problems;
(b) collect, analyze and evaluate information;
(c) communicate effectively;
(d) critically reflect & recognize problem solving contexts;
(e) explore education and career opportunities; and
(f) develop entrepreneurial opportunities.

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5.2 Assumptions of Prior Learning
It is assumed that learners have the ability to present an informed, logical argument,
given a specific set of circumstances.

5.3 Specific Intended Outcomes

Learning Outcomes Assessment Criteria

1. The basic tenets of human rights and its able to understand and explain underlying
appeal as a distinct aspect of law. principles, norms and debates on human
rights theory and practice.
2. Current human rights ideals, show an understanding of the historical
commitments and practices as the result of circumstances which led to the production
decades of social struggles, persistent of the instruments which have today
advocacy, intellectual efforts and become points of reference in discussing
philosophical arguments the metamorphosis of human rights.
3. Basic knowledge of the framework Independent research on human rights
provided by the various international standards and themes relating to them.
standards, which provide a viable basis for
evaluating domestic human rights
standards.
4. The constitutional framework for the The relationship between international and
legal recognition, protection and regional human rights standards and the
enforcement of human rights in South domestic Bill of Rights. The enforcement of
Africa in particular, and the African region human rights
generally
5. The problems and challenges relating to demonstrate understanding of the social
the recognition, protection and implications of the human rights framework
implementation of human rights in general. at the domestic level, with a broad basis of
assessment of human rights protection.
They will also demonstrate analytical skills
in identifying weaknesses in human rights
instruments and thus be able to canvass

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 argument and trajectories for
developmental reforms
6. The ability and willingness to contribute Participation by each student in meaningful
to the attainment of group-learning goals. group-learning activities. Role-playing and
participation by each learner in the group
are recorded and rewarded and also
contribute to the objectives of the group
activity
7. Effective communication, using Group discussions are conducted in the
language skills in both oral and written medium of instruction;
modes. Expression is clear and written
presentations show language proficiency.

8. The ability to collect, analyse, organise Take-home assignments are properly and
and evaluate information well-structured with logical presentations.
Sources used are acknowledged
9. Learners organise and manage Deadlines for submitting work are
themselves responsively and effectively. observed. In addition, given guidelines are
followed.

6. Teaching / Learning Methods

Lecturing Periods: See issued Time-Table Monday and Wednesday.

• ONLINE sessions on Monday through Blackboard and Physical attendance on

Wednesday for the semester.
• Class attendance is COMPULSORY.
• The Lecturer will not repeat the lecture for learners that failed to attend the
lecture.
• It is necessary for learners to update their own notes.
• Kindly make use of the notes on the V-Drive of the intranet of the university.
6.1 Time Allocation

This module credit value is 16. The students are therefore required to spend
160 nominal hours in this module. Contact time (lectures) will amount to 40 nominal
hours,

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while assessments and research will comprise 20 hours. Students will be required to
spend 100 hours in preparation for lectures and assessments and self-study.

• See the General Prospectus for term dates.

• Tests will be scheduled as per the “Assessment Timetable”.
• Students will be provided with notes, cases, opinions, articles, etc. that are required
study material. These notes are not complete (exhaustive) and serve as a guide
to facilitate further study by lstudents. See also the paragraph on “Recourses”.

7. Outline of the Module Content

Lecture 1: Introduction - Historical Background, Philosophy and Development of

Human Rights
Lecture 2: International Law and Human Rights
Lecture 3: The Protection of Human Rights at the Global Level – The United Nations
Lecture 4: The Protection of Human Rights at the Global Level – The International
Bill of Rights & other Core Instruments
Lecture 5: The Protection of Human Rights at a Regional Level - African Human Rights
System with reference to other Systems
Lecture 6: The South African Constitutional Environment
Lecture 7: Capita Selecta – Language Rights
Lecture 8: Capita Selecta – Dignity; Equality and Non-Discrimination
Lecture 9: Capita Selecta – Socio-Economic Rights
Lecture 10: Capita Selecta - Women and Children

7.1 Assessment Criteria; Methods and Timetable

Appropriate assessment of graduate attributes informed by the following assumptions:

• The assessment methods are based on summative assessment. Assessment
opportunities will be published timeously (time and venue for the assessment will be
communicated during the lectures and/or via email from the examinations office).
• Students will be required to engage in some independent research, which will be
assessed.

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• Assessments will include authentic problem-solving and theory type questions.
• Students will be required to access resources, such as textbooks and other sources
available at the library and other e-resources, including resources available on the
V-Drive and/or internet, in order to meet the problem-solving and research attributes
of the module.
• Constructive feedback will be given to achieve the problem-solving, research,
literacy and communication skills for the attainment of the LLB qualification.

Students will complete one semester test and an assignment (see attached). See the
“Assignment Timetable”. The assessments are compulsory requirements to obtain a DP.
There will be a three (3) hour written examination, externally moderated, at the end of
the semester. See the “Due Performance Requirements: Rule L8”.

Exercise Description Value

Assignment (subject To be advised 50% of semester mark (50
to change) marks)
Written test )subject to To be advised 50% of semester mark (50
change)
marks)
Special test: (Date to be If and when necessary 50 marks, as appropriate
advised)
Final Examination To be advised 50% of final mark (100
externally moderated marks) Semester mark also
equals 50% of final mark

Lecturers are often requested to provide students with “scope” for assessments. The
directive of the Faculty of Law is that a “scope” refers to the content (for example, pages
of textbooks, sections of work, etc.) which will be the subject of the assessment. The
approach will be as follows:

• The work assessed is set out in the Module Guide, discussed during sessions
and is determined by the learning outcomes of the specific module;
• The lecturer may provide only a parameter of the mark allocation in the
assessment

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Learning activities: Prior reading of materials supplied, constant revision, group
discussions and answer specimen questions.

7.2 Semester Tests, Assignments and Examination:

i. Tests must be written at the appointed time;
ii. It is in your own interest to write legibly in the answer book provided;
iii. Clearly indicate which question is being answered;
iv. Answer questions taking into account the allocated mark;
v. Learners who are unable to write the test due to illness must provide acceptable
proof of same as soon as possible and apply for admission to the sick-test;
vi. The sick-test will be written test as per the assessment timetable.
vii. The semester test may contain multiple choice questions, further questions
focusing on basic definitions, concepts in case law and the application thereof;
viii. The rules for examinations apply at semester tests. Learners that do not observe
the rules will be subjected to disciplinary action;
ix. There will be no ‘make-up’ test unless authorised by the Dean.

See also the Faculty of Law Prospectus for further information

8 Roles and Responsibilities of the Student

General
i. Know and comply with University and Faculty Rules;
ii. Register timeously for the module / No assessments will be marked where the
student is not duly registered for the Module;
iii. Preparation and meaningful participation/contribution in learning goals;
i. It is incumbent on the student to obtain all notes prior to the tests and exams;

Assessments
ii. Submit well-structured assignments as per the instructions provided;
iii. Observe deadlines for submitting work;
i. Execute assignments and presentations rigorously and meticulously as this will ensure
a good year mark.
ii. The student must avoid plagiarism which is an academic offence that is prohibited in
terms of the UFH Policy.

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 iii. Write the class tests and participate in module activities on set dates and at set times.
iv. There will only be one date to write sick test should learners qualify therefore;
v. Observation of all rules, regarding the test and examination or otherwise. Punctual
adherence of instructions in relation to the test / examination.
Class Attendance
vi. Class attendance is mandatory (See the “Due Performance Requirement” herein);
vii. Study materials will be posted online in Blackboard (and not from lecturer’s office);
viii. Students to log in online 10 minutes before the start of the lecture.

9 Roles and responsibilities of the Lecturer

i. Design and specify the number and type of assessment tasks and their
weightings;
ii. Prepare the module outline;
iii. Provide lecture notes in class;
iv. Ensuring student attendance by random class attendance verification;
v. Provide consultation opportunity. See “Consultation Hours”;
vi. Punctual assessment, marking and feed back of assessments;
vii. Prepare for and give lectures;
viii. Respond to student’s questions pertaining to their understanding of the module; and
ix. Facilitate revision and assess the presentations, written assignment and the class test.

10. Assessment Information

10.1 Assessment plan
The modes and procedures of formative and summative assessment, awarding of a
qualification cum laude, supplementary assessment, reassessment and special examinations
for students is prescribed respectively by General Rules 5, 6, 7, 8 and 9. Details of all
assessments outside the examination room, shall be communicated to learners in the study
guide for the module concerned, or as otherwise determined by the Dean. Students shall be
entitled to remarking and scrutiny of scripts (General Rules 10 and 11).

10.2 Due Performance Requirement: Rule L. 8 (Faculty Law Prospectus).

The following requirements must be satisfied in order for a student to qualify to write the
examinations in this module.

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10.2.1 Class attendance
A learner’s class attendance record shall be considered for the purposes of considering
condonation of final marks and any other discretionary student matters.

10.2.2 Participation in tests and assignments

100% participation in mandatory tests and assignments is required by the Faculty.

10.2.3 Requirement of examination entrance (Due Performance) sub-minimum

(General Rule 5.9)
A student shall not be eligible to write the degree or supplementary examination in any
module for which s/he is properly registered unless s/he has obtained a minimum
semester (DP) mark of 40% in the module. For the avoidance of doubt, this rule shall not
apply to a student who is registered for a module under General Rule 7 or under any
other institutional rule, that exempts her/him from the requirement of a semester (DP)
mark.

10.2.4 Requirement of an examination sub-minimum (General Rule 5.10)

Notwithstanding the provisions of General Rule 5.8, a student shall only be credited with
a pass in a module if s/he obtained a minimum of 40 percent in the degree or
supplementary examination and an overall minimum of 50 percent for the module. A
student who has been unsuccessful in obtaining the examination sub-minimum mark of
40 in the degree examination shall be entitled to a second chance at obtaining the said
sub-minimum mark (through the supplementary examination) provided s/he obtained a
minimum overall final mark of 45.

11. Evaluation
The module will be evaluated by peer evaluation and correspondence with the class.

12. Resources
12.1 Prescribed Textbook - None
12.2 Compulsory Readings
− Currie, I. & De Waal, J (2013) The Bill of Rights Handbook, Wetton: Juta &
Co.
− De Vos P and Freedman W (eds) South African Constitutional Law in Context
(2nd ed 2021) Oxford University Press.
− 13 ;
The Principal UN Human Rights Treaties
− Constitution of the Republic of South Africa, 1996.
 − Peer reviewed articles as prescribed in the class notes;
− Other materials may be added as and when necessary;

12.3 Additional Readings

− Oxford Advanced Learner’s Dictionary. International Student’s Edition, Oxford.
12.4 Important Instruments & Statutes
− Universal Declaration of Human Rights, 1948;
− International Covenant on Socio, Economic and Cultural Rights, 1966;
− International Covenant on Civil and Political Rights, 1966;
− Convention of the Elimination of Racial Discrimination;
− Convention on the Elimination of Discrimination Against Women;
− United Nations Declarations on Indigenous Groups;
− African Charter on Human and Peoples Rights, 1981;
− The Constitution of the Republic of South Africa, 1996.

12.5 Prescribed Cases

To be confirmed in class.
Students are reminded of the copyright laws of South Africa
13. Copyright
Any material copied for purposes of this module is done under license Agreement from
DALRO and is not for resale.

14. Whole agreement

This guide constitutes the whole of the instructions for this module, and no amendment,
alteration, addition, variation or consensual cancellation will be of any force or effect
unless reduced to writing and signed by the lecturer. The parties agree that the General
Prospectus and Law Faculty Prospectus will also apply as if included herein.

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