Master of Laws in Human Rights

Purpose

The primary purpose of this qualification is to provide qualifying learners with

• Intellectual and theoretical competencies at an advanced level, and to strengthen his/her ability to understand and apply the law relating to human rights;
• Being equipped intellectually and obtaining an enhanced insight into the legal basis which informs, influences and circumscribes the law relating to human rights;
• Obtaining a high-level competence to master the legal dimensions of the law relating to human rights;
• Acquiring and developing advanced research and formulation skills which enable learners to apply the law and principles relating to human rights in an expert fashion;
• Being enabled to demonstrate analytical and interpretative competencies in the application of the law that provide learners with a deeper understanding of human rights, against the background of the commercial and social environment;
• Obtaining the ability to compare and evaluate the scientific and applied relevancy of the law relating to human rights;
• The acquisition of a capacity for the pursuit of further post-graduate multi-disciplinary learning and learning in law;
• Enhanced employment opportunities and entrepreneurial skills.

Rationale

The introduction in 1994 of an entrenched, justiciable bill of rights was one of the most far-reaching legal reform initiatives in South Africa's entire legal history. The bill of rights affects all legal fields. A thorough knowledge of, and practical skills to apply the bill of rights are essential for all legal practitioners. Since 1994, the Constitutional Court has delivered more than 200 judgments on its application and as the influence of the bill of rights becomes increasingly evident in more and more instances, the need in the South African society at both regional and national level, as well as for the purposes of international relations, becomes greater and greater.

The whole qualification focuses on human rights and is not an elective as at other institutions. All five modules concentrate on the theory and practice of human rights in regard of the South African position. It is clear that the importance of human rights is escalating. Specialists at neighbouring institutions can be utilized on an ad hoc basis in presenting and assessing the qualification.

Apart from the formal requirements related to the access to the qualification, learners who register for entry into the LLM

degree in Human Rights on NQF level 8 should

• Have a specialized knowledge of law.
• Be able to do complex, variable and highly specialised research across a major discipline.
• Have the information processing, analysis and presentation as well as problem-solving skills required on exit level of NQF level 7.
• Take complete responsibility for planning, resourcing and managing processes.
• Be completely accountable for determining, achieving and evaluating personal and/or group output.

Recognition of Prior Learning

Learners who do not meet the normal requirements for the qualification may apply for recognition of prior learning and for admission on the basis thereof. Prior learning can include prior qualifications, other prior formal, informal and non-formal learning as well as relevant work experience. If admission is granted, learners must undertake to comply with all the conditions that may be set with a view to promoting successful studies. Through recognition of prior learning a learner may gain access, or advanced placement, or recognition of status on condition that she or he continues her or his studies at this university. Recognition of prior learning in the case of learners not complying with the formal entry requirements will be conducted in accordance with the policy and guidelines of the University concerning the recognition of other forms of formal, informal and non-formal learning and experience. For this post-graduate qualification, recognition takes place only where prior learning corresponds to the required NQF-level, and in terms of applied competencies relevant to the content and outcomes of the qualification. Recognition of prior learning by the Faculty takes place in terms of an assessment procedure. This procedure includes a motivated recommendation by an assessment panel to the Dean's Committee, which takes the final decision.

Access to the qualification

Access to the LLM degree in Human Rights on NQF level 8 can be gained through an LLB degree pegged on NQF level 7 or alternatively a BA Law plus an LLB degree or a BCom Law plus an LLB degree both options pegged on NQF level 7.

A learner may gain entry at the beginning of any of the four course work modules.

Access to the qualification may also be gained through RPL, please refer to Recognition of Prior Learning.

Master of Law by course work (Human Rights) - LLM in Human Rights

Core Module

1. Capita selecta general provisions; equality; human dignity; life.

• 24 Credits at NQF level 8

1. Personal freedom; movement; privacy; religion; expression; association; assembly; political rights.

• 24 Credits at NQF level 8

1. Capita selecta general provisions; children; education; administrative, civil and criminal law guarantees.

• 24 Credits at NQF level 8

1. Labour; profession; property; environment; housing; health; food; water; social security; children, language, culture and information.

• 24 Credits at NQF level 8

1. LLM MRE Dissertation.

• 24 Credits at NQF level 8

Total credits: 120 Credits at NQF level 8

The learners should be able to

1. Problem-solving skills

• Identify, analyse, comment on and solve advanced human rights law and associated problems based on a relevant theoretical framework and reflect on the process of problem-solving.

2. Teamship

• Work in a team or group and reflect on and integrate their own participation.

3. Self-responsibility skills

• Demonstrate an ability for self-study, self-discipline, initiative, independent assessment and ability to write a dissertation or present a seminar.

4. Research skills

• Demonstrate their ability to plan and conduct advanced research, and be capable of giving a scientific account of and apply the knowledge in the area of human rights law that has been gained through literature study.

5. Communication skills

• Demonstrate their ability to communicate effectively, both orally and in writing, in the course of practicing law at an advanced level, and in the process of undertaking high-level research.

6. Technological and environmental literacy

• Demonstrate their ability to utilise science and technology effectively in the course of the study, research and writing required by the qualification.

7. Developing macrovision

• Demonstrate their ability to comprehend the interrelatedness of the human rights law with other fields and with society in general.

8. Learning skills

• Demonstrate their ability to independently and innovatively undertake high-level research and reflective studies.

9. Citizenship

• Show a greater awareness and knowledge of societal issues, in particular with regard to human rights issues, thereby enhancing their social responsibility as citizens.

10. Cultural and aesthetic understanding

• Demonstrate a well-developed sensitivity for cultural and aesthetic realities in society.

11. Employment seeking skills

• Access advanced employment opportunities, particularly in the areas of the law relating to human rights.

12. Entrepreneurship

• Demonstrate the application of entrepreneurial skills in the practice of law at an advanced level, and in the undertaking of high-level research of human rights law.

Can the learners

1.

• Demonstrate, in written or oral form, an ability to identify, analyse and solve high-level human rights legal problems.
• Solve relevant human rights legal problems by skillfully identifying, analysing, and commenting on same.

2.

• Display an ability to function effectively in and lead a high level team.
• Demonstrate the ability to participate effectively in debating solutions and approaches to particular legal problems.

3.

• Undertake independent research and writing at an advanced level.
• Analyse related human rights legal problems and their solutions independently.

4.

• Display an ability to conduct a high-level research project successfully.
• Define a particular related topic, arrange the subject matter coherently, accurately and succinctly reflect, formulate and interpret scholarly opinion on the topic.
• Identify particular problem areas and develop a clear line of argument by means of analysis and interpretation.

5.

• Advise clients on the legal implications of and on solutions for particular human rights law problems and questions.
• Write a high-level research report in which human rights problems are identified, analysed and discussed.

6.

• Utilise written and electronic data in writing a report/assignment and the dissertation.

7.

• Participate in a seminar on the implications of relevant legal information concerning human rights for other related disciplines.
• Report on a coherent approach towards problem-solving and policy-making with regard to human rights related issues.

8.

• Undertake advanced research and write a dissertation on a human rights law topic.

9.

• Debate the impact on society in general, and on certain interest groups in particular, of related legal provisions and principles concerning human rights.

10.

• Reveal an ability to distill moral and cultural values underlying related human rights realities in society.

11.

• Display an awareness as to how the qualification may be utilised to access the labour market.

12.

• Display an ability to develop and maintain a career in law.

Integrated assessment

Because assessment practices must be open, transparent, fair, valid, reliable and ensure that no learner is disadvantaged in any way whatsoever, an integrated assessment approach is incorporated into the qualification. Both formative and summative assessment processes are accounted for to monitor progress during the programme and to determine competence at the end of the programme.

- Formative (continuous) assessment practices that will be implemented

> Formative assessment is aimed at the development of a life-long learning culture based on continuous self-study. More particularly, in this qualification, formative assessment aims at the preparation of learners for writing an examination of each module and for writing a quality dissertation. Formative assessment is conducted through class discussions, seminars, assignments, and the writing of the dissertation. Discussion of assignment and examination results and questions and other forms of feedback are an integral and critical part of assessment.

> Regular meetings between the learners and their study leaders take place during which all aspects pertaining to the preparation for and drafting of the research dissertation are discussed. Study leaders assess learners continuously and, equally important, guide them through the process.

- Summative (final) assessment practices

Integrated assessment, focusing on the achievement of the exit-level outcomes, will be done by means of

• Both in the examinations at the end of each module and in the dissertation, learners are assessed on their ability to integrate prior knowledge gained in preceding studies with a deeper, high-level knowledge of relevant topics dealt with in the course of the qualification, and of the research topic gained from the research into the topic and from the scholarly writing thereon. The purpose is to demonstrate a reflective and scholarly understanding of human rights law and the research topic. In conjunction with formative assessment, summative assessment determines whether the learner is awarded the qualification. In the summative assessment, the four modular examinations and the final dissertation is submitted to and are examined of not less than two examiners. The qualification is obtained if the learner passes all four modular examinations and the dissertation.
• As a further demonstration of the learner's ability in this regard, the learner may be required to submit an article based on the dissertation that may, at the discretion of the study leader, be submitted for publication in a law journal under the name of the learner or the names of both the learner and the study leader.