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LCP4807 TAKE HOME EXAM SOLUTIONS FOR SEMESTER 2 OF 2023 NOVEMNER
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THIS DOCUMENT CONTAINS HIGH QUALITY ANSWERS FOR LCP4807/ INTERNATIONAL HUMAN RIGHTS LAW DUE ON THE 2nd Of November 2023
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LCP4807 TAKE HOME EXAMINATION DETAILED QUALITY ANSWERSFOR MORE HELP WHATSAP SILAS ON 072 439 6681
UNIVERSITY EXAMINATIONS
October/November 2023
LCP4807
International Human Rights Law
100 Marks
24 Hours
First Examiner: Ms MS Mooki
Second Examiner: Adv SP Makama
External Examiner: Dr TW Maseko
THIS PAPER CONSISTS OF 4 (FOUR) PAGES – INCLUDING INSTRUCTIONS.
Honesty Declaration:
In writing and submitting this paper you affirm that:
1. You understand what academic dishonesty entails and are aware of UNISA’s policies
in this regard.
2. You have not allowed, and will not allow, anyone to copy your work with the intention
of passing it off as his or her own work.
3. You did not make use of another student’s work with or without permission and
submitted it as your own.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING
THE EXAMINATION QUESTIONS.
,1. The examination question paper counts 100 marks.
2. It consists of questions 1 and 2. All questions are compulsory. Answer ALL of the
questions.
3. The duration of the examination is 24 hours starting on Wednesday, 1 st
November 2023 at 10H00 ending on Thursday, 2nd November 2023 at 10H00.
4. This is an open-book examination. You may consult your prescribed study
material during the examination.
5. You will submit your examination portfolio under Assessment 03 the same
way you submitted your assignments.
6.
The cover page to your take-home exam must include your name, student number
and the module code.
7.
It is preferred that your take-home exam is typed, however, handwritten
submissions will also be accepted.
Whether your answers are typed or handwritten, your submission on the Moodle
8.
platform must be made in the form of one PDF document.
When answering the take-home exam questions, remember that an open-book
9.
exam is a test at a higher level than the usual type of exam, where memory is
tested as much as insight. In an open-book exam, you need not memorise any
information. You are expected to prove that you can use information, rather than
merely repeat it. In brief, what is being tested is factual knowledge, understanding
and the correct application thereof, not memory skills. For this reason, you do not
earn marks by merely detailing a list of all the information that you think might be
relevant to a particular question. This gives no indication that you know what
statutory or other provisions are applicable in a specific context. You are expected
to identify precisely what information applies, and then explain why you think so.
Also, because you have the guide available when answering questions, we do not
give marks for direct quotations from the guide. You are therefore assessed on
your level of understanding of the legal principles by looking at how well you
applied the principles to the questions. PLEASE DO NOT CUT AND PASTE
ANSWERS FROM THE
STUDY GUIDE (OR ANY OTHER SOURCE).
10. Ensure that you give reasons for each answer. Substantiate your answers by
referring to ALL of the relevant authorities, e.g. sections from relevant legislation
and/or court cases in the text.
, A number of students lose marks because they do not approach problem-type
11. questions correctly. When answering such questions, it is important to first clarify
for yourself the area of work where the answer must be sought. Once you have
done this, set out the relevant legal principles.
Deal only with those principles that relate to the given facts. Next, apply these
principles to the facts. This is where most of the students lose marks - they set out
the law in some detail, but then do not illustrate how it applies to the factual
situation they have been asked to solve. Finally, state your conclusion.
PLEASE NOTE:
If you experience technical problems, of any kind, on the day of the examination and your
examination answers are not submitted by the cut-off time, you will be marked as absent. You
have to apply online to be deferred to the next exam opportunity. No other type of submission of
your examination answers will be accepted.
QUESTION 1
1.1 It has always been argued that international human rights law developed
considerably after the creation of the United Nations. Do you agree with this
statement? Explain in full. (15)
1.2 Critically discuss the concept of state sovereignty and its controversiality in
respect of the implementation and enforcement of International Human Rights
Law. (10)
, 1.3 Discuss the status of international law in South Africa as part of substantive law
and as an interpretative tool using S v Makwanyane- 1995(3) SA 391 as a case
study. (25)
QUESTION 2
The Global Disability Forum (GDF) is an International Non-Governmental Organisation
(NGO) which take cases on behalf of people living with disability who are victims of
gross violation of human rights globally. Despite, the success that GDF has achieved in
the past, their cases have recently been dismissed on procedural grounds before
International Courts and Treaty Monitoring Bodies. Among others, it has been argued
that they have failed to exhaust domestic remedies. GDF is currently preparing to take a
class action case before the African Court on Human and Peoples’ Rights (African
Court) or alternatively the United Nations Committee on the Rights of the Child. The
case is about access to education of children living with Disability in the Republic of
Putuma a Southern African country. Among the factors that impede the ability of
children with disabilities to access education are prohibitive costs associated with
school fees, transport, and special assistance.
The Constitution of Putuma which is a replica of the South African Constitution is the
supreme law of the country and provides for the right of everyone to a basic education
which the state through reasonable measures must make progressively available and
accessible. The constitution further obligates the state not to unfairly discriminate
against anyone on one or more grounds including gender, sex, religion, disability,
ethnicity, etc. Putuma has ratified all the African Union Conventions and Protocols
without reservations including the African Charter on Human and Peoples’ Rights and
the African Charter on the Rights and Welfare of the Child (ACHRWC). It has also
ratified major United Nations Convention including the Convention on the Rights of the
,Child and all its Protocols and the Convention on the Rights of Persons with Disabilities
and its Protocols.
In the past, the Constitutional Court of Putuma, which is the highest court in the land
has dismissed similar cases regarding the right to education of children living with
disability on grounds of resources constraints. GDF is of the opinion that there is no
point to first lodge a similar case before domestic courts in Putuma. GDF approaches
you as an expert in human rights for a legal opinion before they can approach the
African Court on Human and Peoples’ Rights. Write a legal opinion for GDF. In your
opinion reflect on the following points:
a) Under what circumstances will this case be admissible before the Committee on
the Rights of the Child? In your answer refer to all the specific rights which have
allegedly been infringed in terms of the Convention on the Rights of the
Child, procedural and substantive matters as well as remedies available. (25)
b) Under what circumstances will this case be admissible before the African Court
on Human and Peoples’ Rights? In your answer refer to all the specific rights
which have allegedly been infringed in terms of the relevant AU conventions,
procedural and substantive matters as well as remedies available. (25)
TOTAL: {100}
©
UNISA 2023
, ANSWERS :
QUESTION 1
1.1.
Yes, I agree with the statement that international human rights law (IHRL) developed
considerably after the creation of the United Nations.
The creation of the UN marked a significant turning point in the development of IHRL.
The UN Charter itself contains provisions related to human rights, emphasizing the
importance of respecting and promoting fundamental human rights. The establishment
of the Economic and Social Council (ECOSOC) and the Commission on Human Rights
(CHR) within the UN further demonstrated the commitment to address human rights
issues.
After the creation of the UN, IHRL saw notable developments at various levels. At the
universal level, the adoption of the Universal Declaration of Human Rights (UDHR) in
1948 was a major milestone. This was followed by the adoption of two binding
conventions, the Covenant on Economic, Social and Cultural Rights (ICESCR) and the
Covenant on Civil and Political Rights (ICCPR) in 1966. These documents, collectively
known as the International Bill of Rights, established the foundation for universal human
rights standards.
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