Stuvia 1678828 lcp4807 Exam Questions Pack 2013 2022

LCP4807 - Exam Questions PACK
(2013-2022)
written by
StuddyScene
www.stuvia.com
Want to earn R1,135 per month?
Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

Distribution of this document is illegal
Stuvia.com - The study-notes marketplace
LCp4807
Exam Questions
Past Exam Papers
2013-2022
*Contains Questions Only Want to earn R1,135 per month?

Contents
Page 4-34
Exam Questions
Page 35 -53
Assignment Questions

LCP4807
MAY/JUNE 2022
QUESTION 1
1.1 To what extent can international human rights law be invoked as part of domestic
legal systems and what is the role of the principle of state sovereignty in this regard?
(15)
1.2 Give a detailed description of how international Human Rights Law developed.
(20)
1.3 Write a note on the enforcement mechanisms under the European Social Charter.
(15)
QUESTION 2
2.1 Critically discuss the enforcement of the ICESCR and its Optional Protocols. In
your answer also indicate whether the ICESR provides for individual complaints
processes.
(20)
2.2 Mr Nenjelele is a 52-year-old former primary principal male who is residing in Venda,
located in the Limpopo Province in South Africa. Five years ago, he resigned as a school
principal and enrolled for a degree of Bachelor of Laws (LLB) at the University of North
Limpopo. He completed his LLB degree in 2021. His dream has always been to practice as
an Attorney of the High Court of South Africa. To qualify as an attorney, one is required to
perform community service in terms of the Attorneys Act. In an application to register his
contract of community service with the Law Society of the Northern Provinces (Law Society),
Mr Nenjelele disclosed that he had two previous convictions for possession of cannabis and
also expressed his intention to continue using cannabis. He stated that the use of cannabis
was inspired by his Rastafari religion and among other things it assists in establishing the
eternal relationship with the Creator. The Law Society declined to register his contract of
community service and argued that he is not fit and proper to be admitted as an attorney. Mr
Nenjelele argues that because of his religious beliefs, the Law Society refused to register his
contract of community service, thereby violating his right to an occupation or profession of his
choice. Mr Nenjelele unsuccessfully challenged the constitutionality of the Law Society’s
decision in the High Court, Supreme Court of Appeal and the Constitutional Court in South
Africa.
3

LCP4807
MAY/JUNE 2022
Mr Nenjelele seeks advise of International Human Rights Law expert. He wants to

know if he can take his case to the African Court on Human and Peoples’ Rights.
South Africa has ratified both the African Charter on Human and Peoples’ Rights and
the Protocol Establishing the African Court.
As a renowned International Human Rights Law expert from the prestigious University
of South Africa advise Mr Nenjelele among other things on the following issues:
▪ The specific rights which have allegedly been infringed in terms of the African
Charter on Human and Peoples’ Rights.
▪ Jurisdiction and the admissibility requirement of cases before the African Court
on Human and Peoples’ Rights.
▪ Locus standi before the African Court.
▪ An individual’s right to approach the African Court.
▪ Specific remedies under the African Court.
(30)
TOTAL: {100}
UNISA 2022

4

LCP4807
JANUARY/FEBRUARY 2022
QUESTION 1
Give a detailed description of how international Human Rights Law developed.
(20)
QUESTION 2
Discuss the sources of International Human Rights Law. (20)
QUESTION 3
Critically discuss the enforcement of the International Covenant on Civil and Political
Rights (ICCPR) and its Optional Protocols. In your answer also indicate whether the
ICCPR provides for individual complaints processes.
(30)
QUESTION 4
Critically discuss the status of International Law in South Africa as part of substantive
law and an interpretative tool using S v Makwanyane 1995 3 SA 391 as a case study.
(30)
TOTAL: {100}
UNISA 2022

5

LCP4807
JUNE/JULY 2021
Question 1
1. Write a critical essay where you discuss the enforcement mechanisms

developed under the:
a) International Covenant on Economic, Social and Cultural Rights

(ICESCR). In your answer, indicate the extent, if any, in which the
ICESCR provides for individual complaint processes and its challenges.
(25)
b) Convention on the Elimination of All Forms of Discrimination Against

Women (CEDAW) and its Protocols. In your answer, indicate the extent,
if any, in which CEDAW provides for individual complaint processes and
its challenges. (25)
Question 2
The Republic of Ratanda is a Southern African country with a Constitution which is a

replica of the Universal Declaration of Human Rights (1948) adopted in 2004. Ratanda
has ratified the major UN human rights instruments such as the UDHR, ICCPR
(including the two optional protocols), ICESCR, CEDAW (including its optional
Protocols). Ratanda has also ratified the African Charter on Human and Peoples’
Rights; The Protocol Establishing the African Court on Human and Peoples’ Rights
(with a special declaration in terms of article 34(6)); the Protocol to the African Charter
on the Rights of Women and the African Charter on the Rights and Welfare of the
Child.
On 15 May 2015 a man was murdered near Nzuko village in the Republic of Ratanda.
Mr Timothy Thiro was accused of committing the crime and brought to trial. He denied
the offence. On 15 June 2017 the High Court in Ratanda convicted him of the murder
and sentenced him to death, the only sentence available for the offence of murder
under Ratanda law. According to Section 46 of the 1960 Criminal and Other Offences
Act of Ratanda “a person who commits murder is liable to suffer death.” Mr Thiro
claims that the death sentence as provided for in the Criminal and Other Offences Act
is unconstitutional and violates a number of human rights as provided for in the
Constitution of Ratanda as well as international human rights instruments that Ratanda
has ratified. He then appealed to the Supreme Court of Appeal and challenged the
conviction and sentence. On 16 March 2019, the Supreme Court of Appeal dismissed
the appeal both on the conviction and sentence.
Mr Thiro further appealed to the Constitutional Court which is the highest court in
Ratanda against the conviction and sentence. On March 2021, the Constitutional
Court dismissed the appeal against the conviction and rejected the merits of the
author’s challenge to the constitutionality of the mandatory death penalty, by holding

6

LCP4807
JUNE/JULY 2021
that the mandatory death sentence for murder was consistent with the laws of
Ratanda.
The Death Penalty Association for Lawyers (DPAL) an International Non-
Governmental-Organisation which provide legal representation and assistance to
individuals facing death penalty would like to institute legal proceedings against the
Republic of Ratanda on behalf of Mr Thiro. DPAL would like to take the matter to the
African Court on Human and Peoples’ Rights. They approach you as an expert in
international human rights law for advice.
Using the African Charter on Human and Peoples’ Rights and other relevant AU
conventions advise DPAL. In your legal opinion reflect on whether DPAL can take the
case to the African Court and use authority to justify your answers. Highlight the
following points:
a) The procedural issues and merits of the case including the alleged human rights
that the death penalty violates.
b) State the remedies that the African Court can grant.
(50)
TOTAL [100]
©
UNISA 2021

7

Page 5 of 6
QUESTION 1
The Centre for Social Justice (CSJ) is an International Non-Governmental

Organisation (NGO) which take cases on behalf of marginalized groups and
individuals who are victims of gross violation of human rights. Despite, the success
that CSJ 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. CSJ
is currently preparing to take a class action case before the United Nations Committee
on the Rights of the Child. The case is about access to education of children living
with Disability in Kangala-a West African country.
The Constitution of Kangala which is the supreme law of the country 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. Kangala has ratified all the African Union
Conventions and Protocols without reservations including 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 Kangala has dismissed similar cases regarding
the right to education of children living with disability on grounds of resources
constraints. CSJ is of the opinion that there is no point to first lodge a similar case
before domestic courts in Kangala. CSJ approaches you as an expert in human rights
for a legal opinion before they can approach the ACERWC. Write a legal opinion for
CSJ. In your opinion reflect on the following points:
a) Background to the Convention on the rights of the Child.

b) Whether the case will be admissible before the Committee on the Rights of the
Child.
c) The principle of exhaustion of domestic remedies; its rationale and whether
this prerequisite is flexible or inflexible.

Page 6 of 6
d) The extent, if any, to which Kangala has violated its obligations under the
international human rights framework (both AU and UN) and the remedies
available. (50)
QUESTION 2
2.1. Discuss the status of international law in South Africa as part of substantive law
and as an interpretative tool using S v Makwayane- 1995(3) SA 391 as a case study.
(25)
2.2. Critically discuss the procedural aspects, including challenges thereof, that
have to be complied with when taking cases before the African Court on Human and
Peoples’ Rights. (25)
TOTAL: {100}
UNISA 2021

QUESTION 1
The State of Shimora, a Southern African country has one of the most restrictive
abortion laws in the world. Shimora has ratified the major UN human rights instruments
such as the UDHR, ICCPR (including its optional protocols), ICESCR, CEDAW
(including its optional Protocols). Shimora has also ratified the African Charter on
Human and Peoples’ Rights and all the other AU Conventions and Protocols including
the Protocol to the African Charter on the Rights of Women. All these conventions
were ratified without any reservations entered into. Shimora has the constitution which
is a replica of the South African Constitution of 1996. Article 120 of the Shimora Penal
Code of 1936 criminalises abortion in all circumstances, except where abortion is
performed to save the life of the woman. On 14 February 2020 Tambu, a 15-year-old
girl was repeatedly raped by a 46-year-old man. She became pregnant and wanted to
terminate the pregnancy. She was denied abortion in three hospitals and was forced
to carry the pregnancy to term. The Constitutional Court of Shimora has repeatedly in
previous cases held that Article 120 of the Penal Code is constitutional and does not
violate any of the rights entrenched in the Constitution. The argument of the court has
always been that the foetus has a right to life.
Appalled by the legal environment in Shimora, the World Women Allied Centre
(WWAC) an International Non-governmental Organisation specialising on issues of
reproductive health would like to institute legal proceedings against the Republic of
Shimora. WWAC argues that it will be a futile exercise to institute legal proceedings
before the Constitutional Court of Shimora as there are no prospects of success. This
is as a result of the previous judgements of the Shimora Constitutional Court on article
120 of the Penal Code and abortion. WWAC would like to take the matter to either
the CEDAW Committee or the African Court on Human and Peoples’ Rights. They
approach you as an expert in international human rights law for advice.
a) Using CEDAW and its optional protocols and other relevant sources and cases
advise WWAC on how they can assist Tambu. Refer to both the procedural
issues and merits of the case including the human rights in question.
(30)
4

b) Using the African Charter on Human and Peoples’ Rights and other relevant
AU conventions advise WWAC on whether they can take the case to the African
Court. Refer to both the procedural issues and merits of the case including the
human rights in question.
(30)
[60]
QUESTION 2
a) Critically discuss the principle of exhaustion of domestic remedies under the

European human rights system with specific reference to the European
Convention for the Protection of Human Rights and Fundamental Freedoms.
(20)
b) With reference to the South African Constitution and case law, explain the ways
in which International Human Rights Law may be used to champion human
rights in the adjudication of disputes before domestic courts in South Africa.
(20)
[40]
TOTAL :{100}
©
UNISA 2020

5


























8.5 Submission of assignments

Students may submit written assignments and assignments done on mark-reading sheets
either by post or electronically via myUnisa. Assignments should not be submitted by fax or
e-mail. For detailed information and requirements as far as assignments are concerned, see the
brochure Study@Unisa which you received with your study material.
To submit an assignment via myUnisa:
• Go to myUnisa.
• Log in with your student number and password.
• Select the module.
• Click on “Assignments” in the left-hand menu.
• Click on the assignment number you want to submit.
• Follow the instructions on the screen.
Very Important: PLEASE LOAD YOUR ASSIGNMENTS AS PDF DOCUMENTS.
WE DO NOT RECEIVE ASSIGNMENTS SUBMITTED THROUGH EMAILS
Please note that if you submit your assignment online, it will not be posted back to you but will
be sent to your Unisa mylife email account.
8.6 The assignments
ASSIGNMENTS FOR SEMESTER ONE
ASSIGNMENT 01
Assignment 01
Unique number: 539402
Due date: 26 March 2021
Marks: 50
Type: Essay
Question 1
Write a critical essay where you discuss the enforcement mechanisms developed under the
International Covenant on Civil and Political Rights (ICCPR) and its Protocols.Want to earn R1,135 per month?
14
LCP4807/101/3/2021
In your answer, indicate the extent, if any, in which the ICCPR provides for individual complaint
processes and its challenges .
*Additional research is required for this question.
* Do not exceed 4000 words or 8 pages.
*Type on Arial, font 12 with 1.5 spacing; Footnotes to be Arial 10 with single spacing
*Always acknowledge sources consulted and provide a brief bibliography. Do not

plagiarise
ASSIGNMENT 02
Assignment 02
Due date: 23 April 2021
Marks: 50
Type: Legal opinion
Question 1
The Republic of Gomora in Southern Africa has one of the most restrictive abortion laws in the
world. It is a democratic country with the Constitution which is a replica of the Constitution of
South Africa, 1996. Gomora has also ratified UN human rights instruments such as the UDHR,
ICCPR (including its optional protocols), ICESCR, CEDAW (including its optional Protocols).
Gomora has also ratified the African Charter on Human and Peoples’ Rights and all the other AU
Conventions and Protocols including the Protocol to the African Charter on the Rights of Women.
Article 120 of the Gomora Penal Code of 1936 criminalises abortion in all circumstances, except
where abortion is performed to save the life of the woman. On 24 September 2020 Maria, a 16
years old girl was repeatedly raped by a 34-year-old man. She became pregnant and wanted to
terminate the pregnancy. She was denied abortion in three hospitals and was forced to carry the
pregnancy to term. The Constitutional Court of Gomora has repeatedly in previous cases held
that Article 120 of the Penal Code is constitutional.
Appalled by the legal environment in Gomora, the Women Allied Centre (WAC) an International
Non-governmental Organisation specialising on issues of reproductive health, approaches you
as an expert in human rights for a legal opinion.
15
They would like to institute legal proceedings against the Republic of Gomora before the African
Court on Human and Peoples’ Rights (African Court).
Using the African Charter on Human and Peoples’ Rights, the Protocol to the African Charter on
Human and Peoples’ Rights on the Rights of Women(Women’s Protocol); the African Charter on
the Rights and Welfare of the Child (ACRWC), Convention on the Elimination of all Forms of
Discrimination Against Women (CEDAW) and other relevant sources and cases, write a legal
opinion for WAC. Among others reflect on:
a) Procedural issues regarding admissibility of cases before the African Court .
b) The various rights infringed by Article 120 of the Penal Code of Gomora .
c) Remedies to be claimed.
In general- your arguments should indicate whether the action of Gomora is inconsistent with
Gomora’s international human rights obligations or not.
*Do not exceed 4000 words or 8 pages.
**Always acknowledge sources consulted and provide a brief bibliography. Do not

plagiarise
ASSIGNMENTS FOR SEMESTER TWO
ASSIGNMENT 01
Assignment 01
Due date: 20 August 2021
Marks: 50
Type: Essay
Question 1
Write a critical essay where you discuss the enforcement mechanisms developed under the
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and its
16
LCP4807/101/3/2021
Protocols. In your answer, indicate the extent, if any, in which CEDAW provides for individual
complaint processes and its challenges .
ASSIGNMENT 02
Assignment 02
Due date: 23 September 2021
Marks: 50
Type: Legal opinion
Question 1
The Centre for Social Justice (CSJ) is a Non-Governmental Organisation (NGO) which take cases
on behalf of marginalized groups and individuals who are victims of gross violation of human
rights. Despite, the success that CSJ 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. CSJ is
currently preparing to take a class action case before the African Committee of Experts on the
Rights and Welfare of the Child (ACERWC). The case is about access to education of children
living with Disability in Kangala-a West African country. Similar cases which have been heard by
the Kangala Constitutional Court in the past have been dismissed on grounds of resources
constraints. CSJ is of the opinion that there is no point to first lodge a similar case before domestic
courts in Kangala.
CSJ approaches you as an expert in human rights for a legal opinion before they can approach
the ACERWC. Write a legal opinion in which you discuss the principle of exhaustion of domestic
remedies in international human rights in general. In your opinion reflect on the following points
among others:
a) What do you think is the rationale for exhaustion of domestic remedies?
b) Is this prerequisite flexible or inflexible?
c) Under what circumstances can the applicant be exempted?
*Additional research is required for this question. Want to earn R1,135 per month?
17
8.6 The assignments
ASSIGNMENTS FOR 2020 SEMESTER ONE
Assignment 01
Question 1
The establishment of an African Court on Human and Peoples’ Rights is one of the
developments in the African human rights system which further aims to strengthen the
protection and fulfilment of the rights and duties in Africa. According to D Juma
(2007:15):
Although the establishment of the African Court on Human and Peoples’ Rights must be regarded
as part of the genius in the development of human rights in Africa, the restrictive access to the
body must be considered suspect. It needs noting that the primary object of the protective
mandate of the Court is to offer individual victims, complainants or their representatives a forum
for the adjudication of their claims. This requires that there is an unambiguous pathway to the
tribunal.
With reference to the above statement, write an essay in which you discuss the following:
a) The jurisdiction, locus standi and the admissibility requirements of cases before the African
Court on Human and Peoples’ Rights.
b) The potential for individuals and Non-Governmental Organizations to gain direct access to
the African Court on Human and Peoples’ Rights.
Additional research is required for this question.

*Always acknowledge sources consulted and provide a brief bibliography. Do not
plagiarise
(50 marks)
14
LCP4807/101/3/2020
Assignment 02
QUESTION 1
The Republic of Tamari in East Africa has one of the most restrictive abortion laws in the world.
It is a democratic country with the Constitution which is a replica of the Constitution of South
African, 1996. Tamari has also ratified UN human rights instruments such as the UDHR, ICCPR
(including its optional protocols), ICESCR, CEDAW (including its optional Protocols) as well as
the African Charter on Human and Peoples’ Rights. Article 120 of the Tamarian Penal Code of
1936 criminalises abortion in all circumstances, except where abortion is performed to save the
life of the woman. On 24 September 2019 Maria, a 16 years old girl was repeatedly raped by
a 34-year-old man. She became pregnant and wanted to terminate the pregnancy. However,
she was denied an abortion and was forced to carry the pregnancy to term. The Tamarian
Constitutional Court has repeatedly held that Article 120 of the Penal Code is constitutional.
Appalled by the legal environment in Tamari, the Women Allied Centre (WAC) an International
Non-governmental Organisation specialising on issues of reproductive health, approaches you
as an expert in human rights for a legal opinion. They would like to institute legal proceedings
against the Republic of Tamari before the United Nations Committee on the Elimination of
Discrimination against Women (CEDAW Committee).
Using the Convention on the Elimination of Discrimination against Women and its Optional
Protocols and other relevant sources and cases, write a legal opinion for WAC. Among others
reflect on:
a) Issues of locus standi and admissibility of cases before the CEDAW Committee.
b) The various rights infringed by Article 120 of the Tamarian Penal Code.
c)Remedies to be claimed.
*Do not exceed 4000 words or 8 pages.
(50 marks )
15
ASSIGNMENTS FOR 2020 SEMESTER TWO
Assignment 01
Question 1
Exhaustion of domestic remedies is one of the prerequisites for admissibility of cases before
international courts, commission and Treaty Monitoring Bodies. It is normally argued that states
or national governments should have an opportunity to remedy human rights violations before
being hauled before such international bodies.
Write an essay in which you discuss the principle of exhaustion of domestic remedies under the
European human rights system with specific reference to the European Convention for the
Protection of Human Rights and Fundamental Freedoms. Among others reflect on:
a) What do you think is the rationale for exhaustion of domestic remedies?
b) Is this prerequisite flexible or inflexible?
c) Under what circumstances can the applicant be exempted?
(50 Marks)
16
LCP4807/101/3/2020
Assignment 02
The Republic of Tamari in East Africa has one of the most restrictive abortion laws in the
world. It is a democratic country with the Constitution which is a replica of the Constitution of
South Africa, 1996. Tamari has also ratified UN human rights instruments such as the
UDHR, ICCPR ( Tamari did not ratify the two optional Protocols to the ICCPR), the ICESCR,
as well as the African Charter on Human and Peoples’ Rights and its Protocol on the Rights
of Women and the Protocol Establishing the African Court on Human and Peoples’ Rights.
Tamari has also signed but not ratified the Convention on the Elimination of Discrimination
against Women. Article 120 of the Tamarian Penal Code of 1936 criminalises abortion in all
circumstances, except where abortion is performed to save the life of the woman. On 24
September 2019 Maria, a 16 years old girl was repeatedly raped by a 34-year-old man. She
became pregnant and wanted to terminate the pregnancy. However, she was denied an
abortion and was forced to carry the pregnancy to term. The Tamarian Constitutional Court
has repeatedly held that Article 120 of the Penal Code is constitutional.
Appalled by the legal environment in Tamari, the Women Allied Centre (WAC) an
International Non-governmental Organisation specialising on issues of reproductive health,
approaches you as an expert in human rights for a legal opinion. They would like to institute
legal proceedings before the African Court on Human and Peoples’ Rights.
Using the African Charter on Human and People’s Rights as well as its Protocol on the Rights
of Women and Protocol Establishing the African Court write a legal opinion for WAC. Among
others reflect on:
a) Issues of locus standi and admissibility of cases before the African Court.
b) The rights infringed by Article 120 of the Tamarian Penal Code.
c) Remedies to be claimed.
* Additional research is required for this question.

* Type on Arial, font 12 with 1.5 spacing; Footnotes - Arial 10 with single spacing
17

• Go to myUnisa.
8.6 The assignments
Assignment 01
Compulsory assignment for admission to the examination.
Assignment length: Maximum 2000 words (5 pages).
Always acknowledge sources consulted and provide a brief bibliography. Do not
plagiarise.
Question 1
A number of scholars have argued that International Human Rights Law is not really law as it is
deprived of mechanisms to enforce sanctions for the violation of human rights. Do you agree
with this statement?
Write a critical essay to support your response. In your response discuss various enforcement
mechanisms available under the international human rights law regime. (25 marks)
Additional research is required to answer this question.
12
LCP4807/101/3/2019
Assignment 02
Always acknowledge your sources and provide a brief bibliography. Do not plagiarise.
Font = Arial Size = 12 Spacing = 1.5
QUESTION 1
Mr Clifford Moleko is a 30 year old male who resides in Thembisa, South Africa. He has
completed his degree of Master of Laws at the University of Gauteng. He wishes to become an
attorney and is required to perform community service in terms of the Attorneys Act. In an
application to register his contract of community service with the Law Society of the Northern
Provinces (Law Society), Mr Moleko disclosed that he had two previous convictions for
possession of cannabis and also expressed his intention to continue using cannabis. He stated
that the use of cannabis was inspired by his Rastafari religion and among other things it assists
in establishing the eternal relationship with the Creator. The Law Society declined to register his
contract of community service and argued that he is not fit and proper to be admitted as an
attorney. Mr Moleko argues that because of his religious beliefs, the Law Society refused to
register his contract of community service, thereby violating his right to an occupation or
profession of his choice. Mr Moleko unsuccessfully challenged the constitutionality of the Law
Society’s decision in the High Court, Supreme Court of Appeal and the Constitutional Court in
South Africa.
Mr Moleko approaches you as an expert in international Human Rights Law. He wants to know
if he can take his case to the African Court on Human and Peoples’ Rights. South Africa has
ratified both the African Charter on Human and Peoples’ Rights and the Protocol Establishing
the African Court.
Write a legal opinion advising Mr Moleko.

Want to earn50 marks
R1,135 per month?
13
Assignment 01
The Universal Declaration of Rights (UDHR), the International Covenant on Civil and Political
Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights
(ICESCR) were the first United Nations human rights treaties to be adopted in 1946 and 1966
respectively. They still provide the foundation for the UN Treaty-Based Human Rights System
and are generally regarded as the International Bill of Rights. They provide for the protection of
civil and political rights as well as economic, social, and cultural rights.
According to human rights scholars, the challenge that human rights practitioners, and
intergovernmental organizations face is how to fulfill the promises of the UDHR and the ICESCR
in as far as socio-economic rights are concerned. These scholars believe that socio-economic
rights have been neglected by certain countries while civil and political rights are more
recognised and accepted.
With reference to the statement above write an essay in which you discuss the nature of these
treaties, their enforcement mechanisms with specific reference to the enforcement of socio-
economic rights as well as challenges for their implementation. (25 marks)
14
LCP4807/101/3/2019
Assignment 02
Always acknowledge your sources and provide a brief bibliography. Do not plagiarise
Font = Arial Size = 12 Spacing = 1.5
The Republic of September is a south-central African Country and a member of SADC,

African Union and the United Nations. It has ratified a number of UN and AU Conventions
including the International Covenant on Civil and Political Rights as well as its First and
Second Optional Protocols, the African Charter on Human and Peoples’ Rights and a number
of conventions relating to women and children’s rights.
In September 2017, Mr Paul Odinga a citizen of the Republic of September was convicted by
the High Court of the Republic of September for the murder of his wife and their six year old
son. He was sentenced to fifteen year imprisonment for the murder of his girlfriend, and death
by hanging for the murder of his son. Throughout the trial Mr Odinga was assisted by
People’s Rights First (PRF). PRF is an international Non-Governmental Organisation dealing
with public interest litigation and seeks to achieve equality and social justice. Its recent cases
has been on civil and political rights with specific emphasis on cases of torture, degrading
treatments, arbitrary arrests and the constitutionality of death penalty. In February 2018, PRF
took the matter before the African Commission on Human and Peoples’ Rights (African
Commission) on behalf of Mr Odinga.
On 28 August 2018 the African Commission gave its finding in the matter of PRF v. The
Republic of September Communication Number 319/2018. PRF argued that the Republic of
September has violated articles 1, 4 and 5 of the African Charter on Human and Peoples’
Rights. In relation to article 4, which protects the right to life, PRF argued that the imposition
of the death penalty was arbitrary, and thus unlawful and that it violates major UN and AU
conventions. The African Commission however found that the imposition of the death penalty
was not arbitrary in the circumstances. PRF is dissatisfied with this decision of the African
Commission and decide the best course of action is to take the matter to the UN Human
Rights Committee.
As an expert in human rights, you are approached by PRF to draft heads of argument for the
matter before the UN Human Rights Committee. (50 marks)
Additional research is required for this assignment.
8.7 Other assessment methods

There are no other assessment methods for this module. Want to earn R1,135 per month?
15
8.5 Submission of assignments

Students may submit written assignments and assignments done on mark-reading sheets either
by post or electronically via myUnisa. Assignments may not be submitted by fax or e-mail. For
detailed information and requirements as far as assignments are concerned, see the brochure
My Studies @ Unisa which you received with your study material.

• Go to myUnisa.
8.6 The assignments

Assignment 01
Assignment length: Maximum 2500 words.
QUESTION 1
The Universal Declaration of Rights (UDHR), the International Covenant on Civil and Political
Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights
(ICESCR) were the first United Nations human rights treaties to be adopted in 1946 and 1966
respectively. They still provide the foundation for the UN Treaty-Based Human Rights System
and are generally regarded as the International Bill of Rights. They provide for the protection of
civil and political rights as well as economic, social, and cultural rights.
12
LCP4807/101
According to human rights scholars, the challenge that human rights practitioners, and
intergovernmental organizations face is how to fulfill the promises of the UDHR and the ICESCR
in as far as socio economic rights are concerned which they believe have been neglected by
certain countries while civil and political rights are more recognised and accepted.
With reference to the statement above write an essay in which you discuss the nature of these
treaties and specifically focus on the analysis of their enforcement mechanisms. (25 marks)
Assignment 02
QUESTION 1
State Z is a Southern African state which has ratified the Protocol to the African Charter on
Human and Peoples ‘Rights establishing an African Court on Human and Peoples ‘Rights. At
the time of its ratification of the Protocol, Z made a declaration in terms of article 34(6) in which
it accepted the “right of petition under article 5(3)”.
Justice for All Africans (JAA) is an NGO operating in Z. Horrified by the large-scale beating and
intimidation of opposition supporters during the run-up to the elections in Z, it wishes to
approach the Court for urgent relief, as the election is only 30 days away.
JAA approaches you for a legal opinion. Using the African Charter on Human and Peoples’
Rights and the Protocol establishing the African Court and other relevant sources and cases,
advice JAA. Among others reflect on:
a) Does JAA have locus standi before the court?

b) Will the Court have jurisdiction in the case? Want to earn R1,135 per month?
13
c) What orders may the court make in these circumstances?

d) In view of the fact that the election is only 30 days away, what special measures could
the court decide upon?
Additional research is required for this question.
Please do not exceed 2500 words in your assignment. (25 marks)
Assignment 01
Write an essay in which you discuss the potential for individuals and Non-Governmental
Organizations to gain direct access to the African Court on Human and Peoples’ Rights. You
must make reference to specific articles in the Protocol to the African Charter on Human and
Peoples’ Rights Establishing an African Court on Human and Peoples’ Rights. (25 marks)
You must do independent research for this assignment.
Assignment 02
Always acknowledge your sources and provide a brief bibliography. Do not plagiarise
In S v Makwanyane and Another 1995 (6) BCLR 665; 1995 (3) SA 391 (6 June 1995) [35], a
South African Constitutional Court case in which the death penalty was deemed
unconstitutional, Chaskalson P ruled:
In the context of section 35(1), public international law would include non-binding as well as
binding law. They may both be used under the section as tools of interpretation.
International agreements and customary international law accordingly provide a framework
within which Chapter Three can be evaluated and understood, and for that purpose,
decisions of tribunals dealing with comparable instruments, such as the United Nations
Committee on Human Rights, the Inter-American Commission on Human Rights, theto Inter-
Want earn R1,135 per month?
14
LCP4807/101
American Court of Human Rights, the European Commission on Human Rights, and the
European Court of Human Rights, and in appropriate cases, reports of specialised agencies
such as the International Labour Organisation may provide guidance as to the correct
interpretation of particular provisions of Chapter Three [Chapter Two in the Final
Constitution].
In light of this quoted passage, and with reference to further authority, write an essay in
which you contemplate the extent to which international human rights law can impact on
South African municipal law in light of s39 of the Constitution of the Republic of South Africa,
1996. You may assume that the quoted statement in respect of s35 (1) of the Interim
Constitution of the Republic of South Africa Act 200 of 1993 is equally applicable to
s39(1)(b) of the Constitution of the Republic of South Africa, 1996. (25 Marks)
8.7 Other assessment methods

There are no other assessment methods for this module.
8.8 The examination

Use your my Studies @ Unisa brochure for general examination guidelines and examination
preparation guidelines.
At the end of the semester for which you are registered you will write a venue-based
examination in LCP4807. The paper counts 100 marks.
As we pointed out above, it has been decided by the university authorities that there must be
TWO compulsory assignments per semester in each module. One of the reasons for this step is
that all students are required to prove that they have “studied actively” before writing the (final)
examination. The assignments together will count 20% towards your final mark in the
examination, PROVIDED that you achieve a mark of at least 40% in the examination.
This module is a semester module. This means that if you are registered for the first semester
you will write the examination in May/June 2017 and the supplementary examination will be
written in October/November 2017.
If you are registered for the second semester you will write the examination in
October/November 2017 and the supplementary examination will be written in May/June 2018.
During the course of the semester, the Examination Section will provide you with information
regarding the examination in general, examination venues, examination dates and examination
times.
Previous examination papers are available on myUNISA. You may also accept that
examination questions will be similar to the questions asked in the activities in your study guide
and in the assignments.
Tutorial letter with information on the examination: To help you in your preparation for the
examination, you will receive a tutorial letter that will explain the format of the examination
paper, give you examples of questions that you may expect and set out clearly what material
you have to study for examination purposes.
15
Powered by TCPDF (www.tcpdf.org)

Stuvia 1678828 lcp4807 Exam Questions Pack 2013 2022

Uploaded by

Copyright:

Available Formats

You might also like

Stuvia 1678828 lcp4807 Exam Questions Pack 2013 2022

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Stuvia 1678828 lcp4807 Exam Questions Pack 2013 2022

Uploaded by

Copyright:

Available Formats

LCP4807 - Exam Questions PACK

Want to earn R1,135 per month?

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

*Contains Questions Only Want to earn R1,135 per month?

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

Mr Nenjelele seeks advise of International Human Rights Law expert. He wants to

Want to earn R1,135 per month?

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

Want to earn R1,135 per month?

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

1. Write a critical essay where you discuss the enforcement mechanisms

a) International Covenant on Economic, Social and Cultural Rights

b) Convention on the Elimination of All Forms of Discrimination Against

The Republic of Ratanda is a Southern African country with a Constitution which is a

Want to earn R1,135 per month?

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

Want to earn R1,135 per month?

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

The Centre for Social Justice (CSJ) is an International Non-Governmental

a) Background to the Convention on the rights of the Child.

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

Want to earn R1,135 per month?

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

a) Critically discuss the principle of exhaustion of domestic remedies under the

Want to earn R1,135 per month?

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

Want to earn R1,135 per month?

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

Want to earn R1,135 per month?

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

Want to earn R1,135 per month?

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

Want to earn R1,135 per month?

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

Want to earn R1,135 per month?

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

Want to earn R1,135 per month?

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

Want to earn R1,135 per month?

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

Want to earn R1,135 per month?

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

Want to earn R1,135 per month?

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

Want to earn R1,135 per month?

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

Want to earn R1,135 per month?

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

Want to earn R1,135 per month?

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

Want to earn R1,135 per month?

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za

Want to earn R1,135 per month?

Downloaded by: 34954872 | 34954872@mylife.unisa.ac.za