Introducing
Professional Diploma in Human Rights: Law and Practice

The Human Rights and International Humanitarian Law is a unique course designed to enable students/ participants to progress to become human rights practitioners and specialists in this dynamic area of human rights and humanitarian law sphere. This course offers a detailed analysis of the history, conceptual, theoretical and development of human rights, and an examination of the various mechanisms of human rights protection and humanitarian issues in the world. Further, it provides an overview of a variety of contemporary human rights systems, including the examination of major developments and recent tendencies in the field of international human rights protection and humanitarian law at domestic, regional and international spheres

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Professional Diploma in Human Rights: Law and Practice

Course Details

Background

Human Rights education has become one of the most important in the world of work. The hunger among people to know about their rights is both a duty for universities to undertake and a business opportunity. Most Civil Society Organisations have been calling for tailor-made courses in human rights which they are willing to sponsor people to undertake. We can target NGOCC, Women for Change, and CCJP among others for such a course. It can also be a hot cake among members of the general public if properly and intensively marketed.

Course description

The Human Rights and International Humanitarian Law is a unique course designed to enable students/ participants to progress to become human rights practitioners and specialists in this dynamic area of human rights and humanitarian law sphere. This course offers a detailed analysis of the history, conceptual, theoretical and development of human rights, and an examination of the various mechanisms of human rights protection and humanitarian issues in the world. Further, it provides an overview of a variety of contemporary human rights systems, including the examination of major developments and recent tendencies in the field of international human rights protection and humanitarian law at domestic, regional and international spheres
This is a professional Diploma Course in Human Rights in theory and practice. The legal protection of human rights at the international level is a concept that has developed largely since the end of World War II. The United Nations and regional organizations, most notably the Council of Europe, have taken the lead in ensuring respect for human rights through international legal and political mechanisms. This Professional Diploma Course in Human Rights Theory and Practices focuses on theories of human rights, UN and other institutions, all the rights and monitoring
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Code

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Fees

K7000 per person. Duration: 6 months
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Location

Online
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Contact

E-mail: ckasonde@mu.ac.zm
Mobile: + 260 764458686 or 0955 919640
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Dates

April, 2022

Aim

The aim of this course is to enable participants/students to accomplish advanced knowledge and skills with enhanced competency and ability in the area of human rights at domestic, regional and international as well as the interpretation of knowledge and application of international humanitarian law.
Those working in the field of international conflict management and peacebuilding confront human rights and humanitarian law issues on a daily basis. Everyone from humanitarian relief workers, military personnel, rule of law practitioners, development donors, journalists, and diplomats to staff of nongovernmental organizations needs to have a basic understanding of international human rights and humanitarian law – and their inter-relationship – to work effectively in conflict-affected states. The reality is that most conflict management professionals have never received any formal training in these areas. At best they “learn on the job,” at worst they continue to operate with a fundamental knowledge deficit
Current training opportunities generally consist of Master’s Degree courses, or lengthier training courses on either human rights law or humanitarian law. A Training Needs Assessment carried out found that conflict management professionals and others are looking for an intensive, practical training course that combines both human rights and humanitarian law. This course is designed to fill this training gap

Objectives

At the end of the course, participants should be able to:
• discuss the origins of human rights and human rights law
• identify the various human rights instruments
• explain the enforcement mechanisms of human rights available in Zambia
• demonstrate an understanding of the Zambian Bill of Rights
• demonstrate an understanding of the sub regional, regional and international bill of rights
• understand the terms domestic, regional, international human rights law and international humanitarian law.
• learn and understand why these bodies of law exist, how they interact, what each term means and how they are applied.
• Examine the practical impact of human rights and humanitarian law in conflict-affected states.
• understand and appreciate how human rights and international humanitarian law are relevant to practitioner’s work in the field.
• understand the roles, functions and responsibilities of various actors, organisations, and institutions in international human rights law and international humanitarian law
• know key areas of applied human rights and international humanitarian law including: transitional justice; the use of force; terrorism; and trafficking in persons.
• gain advanced knowledge in human rights and humanitarian law and be equipped with critical legal thinking skills in the interpretation and application in order to resolve complex problems relating to the law of nations.
• utilise problem-solving skills in complex theoretical and practical contexts; to make a critical judgment of the merits of particular arguments and make a reasoned choice between alternative solutions or arguments in international human rights law and international humanitarian law
• gain a deep understanding of international human rights law, as well as its interconnection with international criminal and comparative criminal law
• Critically engage with many of the human rights and humanitarian issues that feature strongly in public debate today, war crime, genocide, war against terror, crime against humanity, environmental protection, forced labour, child labour, and the use of chemical weapons Learn and understand several contemporary challenges of international human rights protection including the emergence of the right to development and the so-called third- generation rights; human rights advocacy and global governance in collaboration with state parties and NGOs.

Competencies

List od competencies

Entry requirements

Entry Requirement for the course

Target group

This course is designed for governmental officials, managers and staff of civil society organisations, judges and magistrates, legal practitioners, as well as academics from universities in Africa. Participants from all over the world are, nevertheless, welcome to apply. Masters and doctoral students wishing to deepen their knowledge or expertise in a particular area of relevance to their study or research may also apply. All lectures and materials are in English, and proficiency in English is required to attend these courses.

COURSE DELIVERY

virtually through Zoom

QUALIFICATION

Professional Diploma in Human Rights: Law and Practice

Course Content

TABLE OF CONTENTS
1.0 Module One
2.0 Module Two
3.0 Module Three

Module One: Introduction to Human Rights System in Zambia
1.1 What are human rights?
1.2 What is human rights law
1.3 What are the sources of Human rights law in Zambia?
1.3.1 Domestic sources 1.3.2 Regional sources
1.3.3 International sources 1.4 The principle of Universality of Human Rights
2. 5 Classification of Human Rights
2.5.1 Historical Background
2.2 Modes of Classification of Human Rights (Available models)
2.2.1 first, second and third generation rights
2.2.2 freedoms
2.2.3 civil liberties
2.2.4 individual and collective rights
2.2.5 fundamental and basic rights
2.2.6 Assessment: What is the best way of classifying human rights?
3. An Overview Civil and Political rights in Zambia
3.1. consideration of selected civil and political rights
3.2 Limitations and derogation
3.3 enforcement of civil and political rights
4. An Overview of Social, Economic and Cultural Rights in Zambia
4.1 consideration of selected social, economic and cultural rights
4.2 legal status of social, economic and cultural rights in Zambia
5. Domestic Human Rights Protection of vulnerable groups (Any 2 or 3 can be adopted for a particular intake- provide basic legal framework)
5.1 Children
5.2 Women
5.3 Persons with special needs
5.4 Employment and Labour Rights System
5.5 The rights of accused persons (Art 18 of the Constitution)
5.6 Case studies
2.0 Module Two: Institutional framework governing enforcement and compliance of human rights at domestic, regional and international level
2. 1: Introduction
2.2: The Role of the Judiciary
2.3: Remedies for human rights violations
2.4: Alternative dispute resolution mechanisms and human rights system in law and practice
2.5: Case studies
3.0 Module Three: International Human Rights and Humanitarian Law Framework
3.1 Introduction
3.2 Charter of United Nations
3.3 International human rights law
3.4 Regional human rights treaties
3.5 International humanitarian law
3.6 Applicability of international human rights law and international humanitarian law during armed conflict
3.7 International criminal law
3.8 International refugee law
3.9 National legislation
3.10 The legal protection of human rights on the international level
3.11 The theorems of “monism’’ and “dualism” nations and the difficulty of enforcing human rights in such circumstances
3.12 the United Nations, philosophical bases for the derivation of rights: universality versus cultural relativity
3.13 International Environmental Law and Human Rights Regimes
3.14 UN institutions and their impact on the protection of human rights:
• institutions are the Security Council,
• the International Court of Justice,
• and the International Criminal Court
3.15 Monitoring, Remedies & Enforcement
3. 16 Case studies
Prescribed Materials:
Legislation:
1. The Constitution (Amendment) Act No. 2 of 2016 Cap 1 of the Laws of Zambia
2. The Human Rights Commission, Chapter 48 of the Laws of Zambia
3. Ratification of International Agreements Act No.34 of 2016
4. The Gender Equity and Equality Act No.22 of 2015
5. The Penal Code, Cap 87 of the Laws of Zambia
6. The Education Act
7. The Employment Code Act No.3 of 2019
8. The Intestate Succession Act
9. The Persons with Disability Act No 6 of 2012
Regional Human Rights Instruments
1. African Charter on Human and Peoples Rights (ACHPR, 1983)
2. 2003 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa
3. 1990 African Charter on the Rights and Welfare of the Child
4. 1998 Protocol to the African Charter on Human and Peoples Rights on the Establishment of an African Court of justice and Human and Peoples Rights.
5. 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict and its two protocols; 1972 Biological weapons Convention
6. 1980 Convention on prohibitions or restrictions on the Use of Certain Conventional weapons Which Maybe Deemed to be Excessively in Injurious or to Have Indiscriminate Effects and its five protocols.
7. 1993 Convention on the Prohibition of Development, Production, Stock pilling and Use of Chemical Weapons and on their Destruction
8. SADC Chater on Human Rights
9. SADC Protocol on Employment and Labour 2014
International Human Rights Instruments
1. UN Charter, 1945
2. Universal Declaration of Human Rights (UDHR, 1948)
3. International Covenant on Political and Civil Rights (ICCPR, 1966)
4. International Covenant on Economic, Social and Cultural Rights (ICSCER, 1966)
Textbooks and other reference materials:
1. Alfred W Chanda. 2011. Human Rights Law in Zambia: Cases and Materials. UNZA Press: Lusaka
2. Manual on human rights Monitoring, Chapter 5, United Nations Human Rights, 2011
3. European Convention for Protection of Human Rights and Fundamental Freedoms, 1950
4. Use of International Law by Domestic and International Courts: Compendium of Court Decisions (2013) ILO, Turin, Italy
5. International Labour Law and Domestic Law: a training manual for judges, lawyers and legal educators. International Training Centre of the International Labour Organisation (ITC-ILO Turin, 2010)
6. ILO Compendium of International Labour Conventions and Recommendations: International Training Centre of the International Labour Organisation (ITC-ILO Turin, 2015)
7. European Social Charter, 1961
8. European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
9. Framework Convention for the Protection of National Minorities
10. American Declaration of the Rights and Duties of Man, 1948
11. American Convention on Human Rights, 1969
12. Geneva Conventions, 1949
13. Hague Conventions, 1907
14. The International Convention on the Elimination of All Forms of Racial Discrimination (1965)
15. The International Covenant on Economic, Social and Cultural Rights (1966) and its Optional Protocol
16. The International Covenant on Civil and Political Rights (1966) and its two Optional Protocols
17. The Convention on the Elimination of All Forms of Discrimination against Women (1979) and its Optional Protocol
18. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) and its Optional Protocol
19. The Convention on the Rights of the Child (1989) and its three Optional Protocols
20. The International Convention on the Protection of All Migrant Workers and Members of Their Families (1990)
21. The International Convention for the Protection of All Persons from Enforced Disappearance (2006)
22. The Convention on the Rights of Persons with Disabilities (2006) and its Optional Protocol
Court Judgments
1. ECOWAS Community Court of justice, Hadijatou Mani Koraou v Niger, judgement N0. ECW/CCJ/JUD/06/08 of 27 October 2008, in which the Court found Niger responsible for failing to protect the applicant from slavery awarded her compensation.
2. Prince v President, Cape Law Society 2001 (2) BCLR 133 (CC) at par 25 per Ngcobo J. 3 Christian Education SA v Minister of Education 2000 (10) BCLR 1051 (CC); 2000 (4) SA
3. Af Ct HPR Tanganyka LS v Tanzania 2013
4. Dolly M. E. Filartiga and Joel Filartiga v. Americo Norberto Pena’-Irala United States Court of Appeals, Second Circuit 630 F. 2d 876 (1980)
Useful Websites
1. Human rights commission website (Zambia)
2. Icelandic Human Rights Centre https://www.humanrights.is/en/human-rights-education-project/human-rights-concepts-ideas-and-fora/part-i-the-concept-of-human-rights/definitions-and-classifications
3. United Nations High Commissioner for Human Rights (UNHCHR) www.unhchr.ch
4. African union website : www.africa-union.org
Designed and developed
by the
Department of Law, Labour and Human Resource Management
HOD: Clement Kasonde
Mobile: + 260 764458686 or 0955 919640
Email: clementkasonde@gmail.com or ckasonde@mu.ac.zm

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