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exam portfolio for international human right 2020
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- University Of South Africa (Unisa)
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1ACADEMIC DECLARATION OF HONESTY
Declaration: …I……TRA DJE BI KALOU LOUIS……………………..
1. I understand what academic dishonesty entails and am aware of UNISA’s policies
in this regard.
2. I declare that this assignment is my own, original work. Where I have used
someone else’s work I have indicated this by using the prescribed style of
referencing. Every contribution to, and quotation in this assignment from the work or
works of other people has been referenced according to this style.
3. 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.
4. I did not make use of another student’s work and submitted it as my own.
NAME: TRA DJE BI KALOU LOUIS
STUDENT NUMBER: 42167329
MODULE CODE: LCP48072
SIGNATURE:
DATE: 8 November 2020
, 2
International Human Right Law
Code: LCP48072
Assignment: PORTFOLIO
Due date: 9 NOVEMBER 2020
EXAMINATION PERIOD: OCTOBER/NOVEMBER
Student number: 42167329
, 3
1a. Answers
INTRODUCTION
Because The Republic of Shimora has a similar Constitution with South Africa, I can say
without any delay that, Shimora is a sovereign and democratic state founded inter alia on
human dignity, the equality and freedoms in addition the Constitution of Shimora reigns
supreme in Shimora meaning it is above the executive, the judiciary and the executive as
well as all citizens of the country of Shimora. Chapter 2 of the bill of right of the Constituion ,
1996 states that, conduct and behavior that is inconsistent with it must be declared invalid to
the extent of its invalidity and the obligations imposed by it must be fulfilled1. In terms of the
Constitution, everyone is equal before the law and has the right to equal protection and
benefit of the law in terms of section 9 of the Bill. Further the Constitution makes provision
for freedom and security of the person in that everyone has the right to bodily and
psychological integrity which includes the right to make decisions concerning reproduction ,
to security in and control over their body. Having say that, Article 120 of the Penal Code of
1936 is inconsistent with the provision of the Shimora Constitution and must have been
declared invalid to the extent of its invalidity by the Constitutional Court instead of
entertaining its content which is detrimental to the society.
Section 231 of Constitution,1996 of South Africa2.
Since, Shimora’s constitution is the replica of the Constitution, 1996 of South Africa, the is what
the Constitution of South Africa says about international laws:
231. (1) of the 1996 Constitution of South Africa, states the followings: The negotiating and
signing of all international agreements is the responsibility of the national executive.
(2) An international agreement binds the Republic only after it has been approved by resolution
in both the National Assembly and the National Council of Provinces, unless it is an
agreement referred to in subsection (3).
(3) An international agreement of a technical, administrative or executive nature, or an
agreement which does not require either ratification or accession, entered into by the
national executive, binds the Republic without approval by the National Assembly and the
National Council of Provinces, but must be tabled in the Assembly and the Council within a
reasonable time.
(4) Any international agreement becomes law in the Republic when it is enacted into law by
national legislation; but a self-executing provision of an agreement that has been approved
by Parliament is law in the Republic unless it is inconsistent with the Constitution or an Act of
Parliament.
(5) The Republic is bound by international agreements which were binding on the Republic
when this Constitution took effect.
The above constitutional provisions apply to Shimora has the replica of their constitution.
In the light thereof, the Republic of Shimora has ratified UN human instruments including the
UDHR, ICCPR and its Optional Protocols, ICESCR, CEDAW and its Optional Protocols and
the African Charter on Human and Peoples’ Rights. Because Shimora has ratified these
conventions this means that their country is no obliged to comply with the them in
accordance with section 231 of their Constitution. By complying Shimora will eliminate
1
Chapter 2 of the bill of right of the Constituion ,1996.
2
Section 231 of Constitution,1996 of South Africa.
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