CAVENDISH UNIVERSITY ZAMBIA

ASSIGNMENT BRIEF AND FEEDBACK FORM

STUDENT NUMBER: _mm104897 _______ ____

JULY 3
INTAKE

ONE/TWO YEAR

LECTURER:
KAFWILU CHINAMBU

SUBJECT: HUMAN RIGHTS LAW

ASSIGNMENT NO. 2

DATE HANDED OUT: 06/09/2023

DATE DUE IN: 27/09/2023

DAY/EVE/DL DL

ASSIGNMENT BRIEF

GIVEN SHOULD BE IN THIS BOX

STUDENT INSTRUCTIONS:

1. This form must be attached to the front of your assignment

2. The assignment must be handed in without fail by the submission date (see assessment
schedule for your course)
3. Ensure that the submission form is date stamped by the reception staff when you hand it
in
4. Late submission will not be entertained unless with prior agreement with the subject tutor
5. All assessable assignments must be word processed

ASSIGNMENT GUIDANCE

This assignment is intended to assess the student’s knowledge in all of the following areas.
However, greater emphasis should be given to those items marked with a

(Tutor: - please tick as applicable)

ASSESSABLE SKILLS Please Tick.

Good and adequate interpretation of the questions

Knowledge and application of the relevant theories

Use of relevant and practical examples to back up theories

Ability to transfer and relate subject topics to each other

Application or use of appropriate models

 Evidence of library research

Knowledge of theories

Written Business English communication skills

Use of visual (graphs) communications

Self Assessed ‘time management’

Evidence of field research

Tutor’s Mark Contribution

MARKS
(Administration only*)

LECTURERS FEEDBACK:

INTRODUCTION

*
HUMAN RIGHTS TEST

1 (A) three duties of the state

(i) To respect. This requires the state to refrain from interfering with the
enjoyment of the rights of persons with disabilities. For instance, states
must not perform medical experiments on persons with disabilities
without their consent or exclude a person from on the basic of a disability.
Article 30 of the Bill of Rights states that no person should be subjected
to inhuman treatment or cruelty.

(ii) To protect. This means that the parties must prevent violations of human
rights by third parties. For example, state, must require private employers
to provide just and favourable working conditions for person with
disabilities, including by providing reasonable accommodations. Thus
protecting from mistreatment. Under article 27 of the Bill of Rights also
concur that state should not discriminate anybody.

(iii) To fulfil. this means the state parties must take appropriate legislative,
administrative, budgetary, judiciary and other actions towards the fulfil
realization of these right. Article 45 of the Bill of Rights provide for
access to justice. If you are wronged you can sue for court redress.

1 (b) Right to life

Article 28 of the Bill of Right provides that every person has aright to life and that
nobody should be deprived of that. Zambia as a country has a responsibility to make
sure that everyone is protected under this constitution in all circumstances.

In the case of George Mwanza and Melvin Been v Attorney General select
judgment number 33 of 2019. The Appellant appeal to the Supreme Court that the
prison authorities violated their human right, this was because, the appellants were on
ART treatment and they were required to be provided with food of balanced diet and
medical treatment. However, they were not only given food of poor quality but also
rotten food. Held that the failure by the prisoners to provide them with quality food
amounted to violation of the right to life and protection from inhuman and degrading
treatment as enshrined in the constitution.

Question 3

This is an intervention by state or states to save people from their own Government’s actions
or inaction. For instance, the UN used force to rescue South Korean from the North Korea
military in 1950. Also in 1960, the rescuing of Ukraine from the Iraq. Humanitarian
intervention allow countries to come in and assist innocent people affected by the war. For
instance, the NATO at some point flexed its military muscle in Yogoslavia, it had not
acquired the UN Security Council’s permission but it went ahead anyway because of what
was at stake.

In the Russia-Ukraine war, there is no justification for the actions of Russia and
according to the UN charter the states have the right to provide humanitarian
assistance on the weak country and in this case Ukraine. In February, 2023,
Ukrainian Foreign Minister has already confirmed to have received six out of seven
types of key weapons needed for the riberation of the country.

USA administration has also in started to be providing ideas of providing support to

the Ukraine to the extent that Russia’s control of crime could be put under threat. As
much as the use of force a violation of human rights, as we saw in the terrorist attack
on September 11, 2001, the USA responded by passing the USA Patriot Act a
declaration of war on terror as an act of self-defence. However, the actions of Russia
on Ukraine is more inhuman.

The humanitarian intervention in this case will be accepted because, the innocent
people are the ones being affected. The could be an act of political power among the
states but the innocent people are the ones being dispensed and killed. So the coming
in of other state to rescue the people because their country in unable to act of it is not
willing. So the act of humanitarian intervention will be justified the Ukraine war.