|04251025||Faculty of Law|
|Duration of study: 2 years||Total credits: 200|
|Prof FJ Viljoen|
|Prof CG Ngwena|
Closing date for applications: SA applicants - 30 November; non-SA applicants - 31 August.
This programme is available for international students.
Unless stated otherwise, the curriculum will generally consist of:
For Admission Requirements please visit www.chr.up.ac.za or email [email protected]
Please contact the Faculty with regard to specific requirements pertaining to the MPhil degree programmes.
The medium of instruction will be English. However, should circumstances allow it, an MPhil module may be presented in Afrikaans. The Dean, in consultation with the relevant head of department, determines the language policy.
Period of registration
At the commencement of a particular module students must be registered for that module and attend the lectures. Alternatively, the permission of the programme coordinator or head of the department should be obtained before a student may be allowed to follow a specific module in a another year of study.
Limiting of modules on offer in a particular academic year and availability to foreign students
The Dean determines which modules will be presented each year, taking into consideration the availability of lecturing personnel, space and financial implications and/or other circumstances. The Dean may, on recommendation of the relevant head of department, determine the maximum number of registrations for a specific elective module in terms of the guidelines referred to in paragraph (a). The Dean may also, on recommendation of the relevant head of department, determine that a particular LLM or MPhil module will not be offered where on the first day of lectures four or fewer students are registered for such module.
In the case of foreign students additional requirements may be set by the Dean and the modules available to such students may also be limited.
Replacement of modules
The Dean may on recommendation of the relevant Head of Department allow a student to replace one prescribed /MPhil module for a particular LLM/MPhil programme with another LLM/MPhil module where such an exception is not otherwise permitted, on condition that good cause is shown why such an exception is required.
Credit for modules completed at another institution
The Dean may, on the recommendation of the relevant head of department, credit a student for a maximum of two modules completed at another institution on condition that it complies with the requirements of this Faculty. Where such modules do not bear the same titles as modules offered at this Faculty, modules with substantially the same content as determined by the relevant head of department may be granted credit in their place, or where, in the absence of such closely related modules, modules that are still relevant within the broad ambit of a specific MPhil degree may be granted credit under special codes for the purposes of such a degree. Additional requirements may also be set before any such module will be granted credit in order to ensure compliance with the requirements of this Faculty.
Credit for another degree
Note that with regard to the above paragraphs, credit will not be given for modules which form part of another degree where the student has already complied with the requirements of such a degree. This rule is also applicable in instances where the student is currently also registered for another degree.
Re-registration for modules
A student may not register more than twice for the same module. In order to pass a module the student must obtain a final mark of 50%.
Minimum credits: 250
In this module, the focus is on aspects of human rights research, fact finding, advocacy and education.
The focus of this module is on the principles and processes of international human rights law at the global and regional level, and their relevance to issues of reproductive and sexual health and to the situation of sexual minorities, with specific reference to Africa.
(a) History, philosophy and ideology of human rights, with particular reference to Africa
(b) Basic concepts of international and national human rights law
(c) The global (UN) system of human rights protection: norms, institutions, procedures, and their relevance to reproductive and sexual rights
(d) The African (African Union) system of human rights protection: norms, institutions, procedures, and their relevance to reproductive and sexual rights (placed in comparative perspective, with reference to European and inter-American systems)
(e) The actual and potential role of regional economic communities regional level) in Africa in the protection of human rights in Africa, with specific reference to reproductive and sexual rights
(f) An overview of human rights protection at the domestic level, with specific reference to selected African states
(g) Understanding the role of international human rights mechanisms in the protection of sexual minorities.
The focus of this module is on the application of human rights principles to reproductive and sexual health with a view to realising claims on these rights at domestic, regional and global levels.
(a) Applying human rights to sexual and reproductive health, including the rights
to equality, life, human dignity, freedom from inhuman and degrading
treatment, health, information, education, reproductive self-determination,
maternity protection in employment, liberty and security of the person, and
(b) Developing a sexual and reproductive rights claim through identifying the
reproductive health wrong, its causes and the wrongdoer; documenting the
alleged wrongs; determining which laws are implicated, identifying human
rights standards for determining breach of a reproductive right.
(c) Advancing a sexual and reproductive rights claim at the domestic level with
reference to realising reproductive rights through regulatory and disciplinary
procedures, courts of law, alternative dispute resolution, domestic human
rights institutions, and ombudspersons.
(d) Advancing a sexual and reproductive rights claim at the regional and sub-
regional levels with reference to realising reproductive rights through African
regional and sub-regional institutions.
(e) Advancing a sexual and reproductive rights claim at the global level with
particular reference to realising reproductive rights through United Nations
treaty monitoring bodies.
(f) Drawing lessons from comparable regional human rights systems with
particular reference to the European and Inter-American regional human
The focus of this module is on the application of human rights principles to discrete reproductive health issues with a view to developing human rights responses to contemporary reproductive health challenges in the African region.
(b) Domestic violence
(c) Female genital cutting
(d) Infertility and medical-assisted reproduction
(e) Maternal death
(f) Sexual violence in times of conflict
(g) Sexuality and reproductive health education
(h) Trafficking in women and children
(i) Unsafe abortion
The focus of this module is on the application of human rights principles to selected issues related to sexual and sexuality issues in Africa, with a view to developing human rights responses to related contemporary challenges in the African region.
(a) Overview of relevant concepts
(b) The foundation of sexual rights in international human rights instruments
(c) Sexual norms and gender stereotypes
(d) Sex work and human rights
(e) Sexual coercion and abuse
(f) Sexually transmitted infections including HIV and rights relating to
information and prevention
(g) The right to comprehensive sexual education
(h) Harmful traditional practices that violate sexual rights
(i) Link between sexual rights and reproductive health rights
(j) Advocacy strategies for sexual rights
Minimum credits: 250
(a) The student must submit a research proposal during his/her first year of registration for the LLM degree to the supervisor prior to commencing with the writing of the mini-dissertation.
(b) A mini-dissertation (MND 802) of 18 000 to 20 000 words inclusive of footnotes but excluding the list of contents and the bibliography, is required. The mini-dissertation must be submitted to the study leader not later than August of the second year of registration for the LLM programme. The mini-dissertation must deal with the subject content of one of the modules or a combination of the modules registered for by the student for his/her LLM degree. Any request for an extension of the period for submission of the mini-dissertation may only be granted by the Dean on recommendation of the LLM Committee.
Module content:Development and presentation of a research proposal. (A research proposal must be submitted to the supervisor and accepted in the first semester of the second year of study before the student will be allowed to register for the mini-dissertation.)
The focus of this module is on the application of human rights principles to selected issues affecting sexual minorities in Africa, with a view to developing human rights responses to related contemporary challenges in the African region.
(a) Providing a critical understanding of the concepts ‘sexual orientation’
and ‘gender identity', ‘homosexual’, ‘bisexual’, ‘gay’, ‘lesbian’, ‘transgender’,
‘intersex’, ‘sexual minority’, ‘heterosexism’, and ‘queer’
(b) Understanding theories on the psychology, biology and sociobiology of
(c) Investigating the global history of homosexuality, particularly in the ‘West’
(USA and Britain) and its influence on Africa
(d) Investigating the evolution of homosexuality and society in Africa, including
an anthropological review of homosexuality in traditional African societies,
and under colonialism and in post-colonial Africa
(e) Understanding the nature of the violation of rights of ‘sexual minorities’
including violations to the rights to health; discrimination based on actual
or presumed sexual orientation, gender identity and HIV status; sexual and
other forms of violence; violations of the right to privacy; stigmatisation and
its consequences) particularly by states and non-state actors in Africa
(f) Understanding the reasons for rights violations and homophobia in Africa by
investigating the role of culture/tradition, religion and majoritarianism
(g) Considering the role of public policy, by focusing on the need and
possibilities for legal reform, and strategies to sensitise communities for
the rights of sexual minorities and change homophobic attitudes
This module aims to equip students with the skills for advocacy of and to conduct research on sexual and reproductive health issues, with a view to the realisation of these rights and the rights of sexual minorities in Africa.
(a) Defining human rights violations
(b) Analysing root causes of human rights violations
(c) Social sciences research methods
(d) Investigating facts and gathering evidence
(e) Conducting interviews
(f) Strategic thinking including developing strategic partnerships
(g) Advanced legal reasoning and legal writing
(h) Strategic impact litigation
(i) Negotiation and mediation
(j) Media advocacy
(k) Engaging government and other stakeholders
(l) Conducting a practical exercise as simulation of an actual intervention to
decrease stigma and increase sensitisation and acceptance of the rights of
LGBTI communities in the context of the country in which the students find
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