MIDLANDS STATE UNIVERSITY

FACULTY OF LAW

DEPARTMENT OF PUBLIC LAW

HUMAN RIGHTS LAW

LB306 MODULE OUTLINE 2020

Module Convener : Mr Valantine Mutatu LLBS (UZ); LLM (MSU) ; MBA (MSU) &LLD
(Cand)
Contact details : mutatuv@staff.msu.ac.zw/whatsapp number 0716058676

MODULE DESCRIPTION
This Module addresses pertinent issues relating to human rights both at the
national and international levels. Specifically, the Module entails a
consideration of the historical trajectory of human rights according to leading
scholarship; national protection of human rights in Zimbabwe in a comparative
context; international, regional and sub-regional protection of human rights;
thematic rights and contemporary arguments relating to the relevance of human
rights in addressing corruption and related issues. Emphasis is placed on
existing human rights jurisprudence nationally and internationally. In addition,
the relationship among national, regional and international mechanisms
addressing human rights is unpacked and analysed.

COURSE OBJECTIVES
The primary objectives to be achieved on completion of the Module are as
follows:

i. Build an understanding of the conceptual, philosophical and ideological

nature of human rights in light of their origin and the normative content of
human rights as provided for at the national level with complements from the
regional and international levels.
ii. Explore the national understanding, application, attitudes, perceptions
and enforcement of human rights in light of their normative content as
provided for in the Bill of Rights with complements from international and
regional human rights treaties.
iii. Analyse the regional and sub-regional promotion and protection of
human rights in a comparative perspective.
iv. Make a case for the necessity of international human rights protection
mechanism and assess the strengths and weaknesses of the same.
v. Address contemporary issues pertaining to the use of human rights in
addressing corruption and other social, political and economic vices.
DESCRIPTION OF TEACHING METHODS

The module is organised and taught using a combination of online classes, face
to face classes, online presentations and face to face presentations and tutorials.
Students are required to adequately prepare for all lectures and to contribute in
critical class discussions. Students are expected to be familiar with case law
authorities from the domestic system and international jurisprudence.

METHOD OF ASSESSMENT
The module is assessed through continuous assessment and a written
examination. The Module is marked out of 100 marks with the following
breakdown:
a) Continuous assessment shall constitute 30% of the final assessment.
b) Written examination shall constitute 70% of the final assessment.
c) In order to pass this Module, a student should obtain at least 50% total
of the continuous assessment and the written examination.

TOPICS COVERED
1. Introduction and overview

⮚ Definitions, origins and a historical trajectory of the origins of human

rights
⮚ The principles underlying human rights
⮚ Characteristics of human rights
⮚ Categories of human rights
2. National protection of human rights and the normative content of
rights

⮚ The Bill of Rights

Supremacy clause, discrimination clause, enforcement and locus
standi clause and limitation clause.
⮚ Remedies relating to human rights violations
⮚ Human rights litigation (impact litigation)
⮚ Constitutional interpretation consequent to 2013 Constitution
⮚ National human rights institutions
⮚ Role of independent constitutional commissions
3. Global Protection of Human Rights.

⮚ The law of treaties

⮚ Charter-based and Treaty-based protection of human rights
⮚ Mechanisms for protection of human rights including special mechanisms
– strengths and weaknesses; jurisprudence emanating from Treaty Monitoring
Bodies
⮚ State reporting
⮚ Individual communication procedure and prerequisites
⮚ Analyzing decisions and compliance with decisions made by
international bodies
4. Regional and Sub-regional Protection of human rights

⮚ Membership and geographical dynamics of the supra-national institutions

⮚ African Human Rights System
⮚ European Human Rights System
⮚ Inter-American System
⮚ League of Arab States
⮚ South East Asia
5 Sub-regional human rights systems:

⮚ SADC, ECOWAS, EAS, MAGHREB

⮚ Successes and failures of the sub-regional mechanisms
⮚ Jurisprudence emanating from Sub-regional mechanisms
⮚ Are regional and sub-regional mechanisms relevant in the human rights
discourse?
6.Contemporary arguments on human rights

⮚ Public procurement and human rights

⮚ Use of human rights in addressing corruption
⮚ National crisis and human rights
⮚ Political participation and the relevance of human rights
⮚ Human rights and business
⮚ Thematic rights – women, children, persons with disabilities, refugees,
indigenous people and people belonging to sexual minority
⮚ Any room for new rights).

READING LIST
Currie, I & de Waal, J (2005) ‘The Bill of Rights Handbook’ 5th ed.

De Schutter, O (2014) ‘International human rights law’ 2nd ed.

Morsink, J (2009) ‘Inherent human rights: Philosophical roots of the Universal

Declaration.’

Viljoen, F ‘The African Regional Human Rights System’ in C Krause & M

Scheinin (eds) (2009) International Protection of Human Rights: A textbook.

Wa Mutua, M ‘The Banjul Charter and the African Cultural Fingerprint: An

evaluation of the language of duties’ Virginia Journal of International Law
(1995).

Kamga Djoyou, SA ‘The right to development in the African Human Rights

System: The Endorois Case’ 2011 De Jure.

Renshaw Shanahan, C ‘The ASEAN Human Rights Declaration 2012’ Human

Rights Law Review 13(3) (2013).

Rishmawi, M ‘The Arab Charter on Human Rights and the League of Arab
States: An update’ Human Rights Law Review 10(1) (2010).

De J. Butler, I & De Schutter, O ‘Binding the EU to international human rights

law’ Yearbook of European Law, 27 (2008).

Tsabora, J ‘Reflections on the constitutional regulation of property and land

rights under the 2013 Zimbabwean Constitution’ Journal of African Law
(2016).

Brand, D & Heyns, C ‘Socio-economic rights in South Africa’ (2005).