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2021HUMAN RIGHTS, VALUES AND SOCIAL
TRANSFORMATION
MODULE CODE: HRV 1601
NOVEMBER EXAMS 2021
,QUESTION TWO 2
TOPIC: INTERNATIONAL, REGIONAL AND LOCAL INSTRUMENTS AND
INSTITUTIONAL MECHANISMS TO IMPLEMENT HUMAN RIGHTS
Introduction
The United Nations Charter and other interrelated instruments are the foundation of
the international human rights instruments that include International Bill of Rights.
The instruments of the International Bill of Rights are the Universal Declaration of
Human Rights of 1948, ICCPR (International Covenant on Civil and Political Rights)
of 1976, International Covenant on Economic, ICESCR (Social and Cultural Rights).
The International Bill of Rights
The International Bill of Human Rights contains is made up of the following
covenants that approved by the UN General Assembly in December 1966 they are
the International Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights. The Universal Declaration of
Human Rights was brought into force on 10 December 1948 by the UN General
Assembly. However full approval was only given in 1976 when it received the
minimum number of signatures of 35 member states that was required to give full
approval.
The Universal Declaration of Human Rights (UDHR)
The Universal Declaration of Human Rights was brought into force on 10 December
1948 after the Second World War. The aim is to restore the human dignity of the
people and to bring about equality to all.
The South African Constitution shares large sections with the Bill of Human Rights
as both the same principles and values. Both include the following pledges we are all
free, all humans should be treated in the same way, you may not be imprisoned
unjustly, and the right to social security and to opportunities to develop your skills,
right to education, and your right cannot be to take away.
The African Charter (OAU)
The African Charter on Human and Peoples’ Rights was approved by the
Organisation of African Unity member states and was brought into force on 21
October 1986 (sourced from Slater). African Charter rights came about out of
necessity. It is an African regional human rights instrument that was adopted by
Organization of African Unity (OAU) 7 June, 1981 and African Union (AU) on July
1979 to form a committee of experts and it entered into force on 21 October 1986
The South African Constitution
The South African Constitution is the foundation of our society and was implemented
in 1996. This is a legal document that lays out all the rules of a country. The
constitution aims to provide a moral and legal guide for all South African citizens. By
, enshrining the laws and human rights are protected. South African laws have been
well designed to uphold the ideal of equality for all. It signifies the values and
commitments that all South Africans have within the structure of the state, the Bill of
rights and different levels of authority such as the government.
The role of the public protector and the commission of gender equality
South Africans Human Rights Commission was created to promote, protect and
maintain Human Rights. This Commission regulates and oversees human rights.
The Public Protector and the Commission of Gender Equality has similar
responsibilities as the Human Rights Commission.
The South African Constitution in chapter 9 it states the maintains, roles and the
functions of the Public Protector. Those roles are firstly they must investigate any
conduct in state affairs, public administration, or in any sphere of government that is
suspected of committing improper acts as well as to report and take appropriate
remedial action if found guilty. Secondly the Public Protector has powers and
functions given to them by the national legislation, lastly they are responsible for
reports issued by the Public Protector and ensuring that those reports are open to
the public. However it’s important to remember if terms of national legislation, states
that a document needs to be kept confidential those files can be sealed.
The Commission of Gender Equality is part of the state institutions. This section aims
to strengthening constitutional democracy within in South Africa by promoting
respect and protection for gender equality. This is done by education, policy
development, legislative initiatives, advertising, and support groups for example.
QUESTION THREE
TOPIC: THE VIOLATION OF WOMEN’S RIGHTS AND CHILDREN’S RIGHTS BY
MEANS OF TRADITIONAL CULTURAL PRACTICES
Introduction
According to the Universal declaration, “All humans are born free and equal in dignity
and rights” (Slater 2016:15).
A person’s culture is part of their identity and effects who they are. Culture is vital and
large part of our lives. It is important to remember that culture is a term that we all
share. We must all open up and accept each other’s cultures in a non-judgemental
way as the world is filled with various races, ethnic groups and cultures. As stated in
Slater (2016:103) “we need to understand the structure of our society in order to
challenge the dominant culture” (Slater 2016:103). In simple terms in order to
understand the relationship between culture and power in our society we must first
understand not only your own culture but other people’s cultures. Human rights is
afforded to every human being no matter what.
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