Exam (elaborations)
LCP4807 TAKE HOME EXAMINATION ANSWERS FOR SEM TWO OCT/NOV 2022
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- University Of South Africa (Unisa)
THIS DOCUMENT CONTAINS SOLUTIONS TO LCP4807 EXAMINATION DUE ON 11 NOVEMBER 2022
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NAME :STUDENT NUMBER :
SUBJECT : INTERNATIONAL HUMAN RIGHTS LAW
ASSESSMENT FORM : EXAMINATION
MODULE CODE : LCP4807
DUE DATE 3 NOVEMBER 2022
Honesty Declaration:
In writing and submitting this paper i affirm that:
1. I understand what academic dishonesty entails and are aware of
UNISA’s policies in this regard.
2. I have not allowed, and will not allow, anyone to copy my work with the
intention of passing it off as his or her own work.
3. I did not make use of another student’s work with or without
permission and submitted it as your own.
,QUESTION 1
1.1 The creation of the UN marked a decisive moment in the development of IHRL.
The UN Charter was signed in San Francisco, USA, in 1945. The UN Charter
contains a number of provisions related to human rights. The primary objective of the
UN is “to maintain international peace and security”, which also entails the protection
and promotion of human rights and the development of international human rights
law. The Preamble of the UN Charter declares the UN’s determination to reaffirm
faith in fundamental human rights, in the dignity and worth of the human person, and
in the equal rights of men and women and of nations large and small. Article 1(3) of
the UN
Charter states that one of the purposes of the UN is to promote and encourage
respect for human rights and fundamental freedoms for all without distinction as to
race, sex, language or religion. This is also provided for in Article 55 of the UN
Charter.
The UN Charter established the Economic and Social Council (ECOSOC) to initiate
studies and reports on international economic, social, cultural, educational, health
and other matters and to make recommendations regarding such matters to the
General Assembly of the UN and the specialised agencies concerned. Article 62(2)
of the UN Charter provides that ECOSOC may make recommendations for the
purpose of promoting respect for, and observance of, human rights and fundamental
freedoms for all. ECOSOC was also mandated to establish a Commission on Human
Rights (CHR), which, among other things, was tasked with preparing the Bill of
Rights.
The CHR was established in 1946 and its first session was held in 1947. There was
division over whether this Bill of Rights should be a declaration or a binding
convention but later it was decided that the Bill of Rights should consist of a
declaration, a convention and “measures of implementation” (i.e., a system of
international supervision) (Rehman:2012).
, IHRL therefore developed considerably after the adoption of the UN Charter. This
development occurred at the universal, regional, subregional and domestic level.
At the universal/global level, this development saw the adoption of three major
documents known as the International Bill of Rights. The UDHR was adopted on 10
December 1948. The two binding conventions were adopted in December 1966 as
the Covenant on Economic, Social and Cultural Rights (ICESCR) and the Covenant
on Civil and Political Rights (ICCPR) and came into force in 1976.
IHRL forms part of PIL and, as such, its evolution is closely related to that of Public
international law (PIL). However, as specialised law that protects human rights at the
international level, it also displays a separate evolution. Historically, PIL has
regulated relations between states. It is referred to as public international law in the
sense that it is: “public” because it deals primarily with the state rather than the
individual; “international” because it deals with relations between nations
represented by states; and “law” because it comprises a set of rules. Since “law” is a
dynamic concept, the instruments used to regulate relations became more
sophisticated as the needs of commerce became more sophisticated.
There was a move towards “world government” through organisations that deal with
issues as varied as peace (for example, the UN), international labour (example, the
International Labour Organisation) and commodity prices (e.g., the International Tin
Council). This gave rise to the birth of international organisations, which later
became subjects of PIL. At a later stage, due to the role of the individual in trade, in
wars, and so on, there was a need to re-evaluate the position of the individual in PIL.
The emergence of the individual in international law occurred because of the
atrocities of two world wars, the emancipation of colonial territories and the urge of
the individual for an acknowledgement of his or her human rights and the right to
self-determination.
All these developments led to the development of international human rights as a
specialised branch of PIL, particularly after the end of the Second World War, the
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