HRV1601

Human Rights, Values and Social Transformation

please do not use AI (ChatGPT, Co-Pilot, Gemini)

Assignment 4

SECTION A: Choose any ONE of the following essay topics.

QUESTION 1

Critically discuss 3 significant historical events that we believe serve as precedents (things that 'came before') for the values and moral vision that shape the Universal Declaration of Human Rights (1949):

• Name each event and describe the historical context within which they took place.
• Discuss the values that emerged in that historical event and how we see their influence in the UDHR. Finally,
• Discuss whether we believe the history of human rights has a global history or its history is only an expression of the history of Europe.

QUESTION 2

Compare and contrast the Western Justice System with the African Indigenous Justice System(s).

Be sure to discuss the following in our essay:

What are the main features, practices, and values of these two justice systems?

What are the strengths and weaknesses of both Western and African justice systems. Finally, whether a restorative or retributive approach to justice is most useful in supporting a human rights culture in South Africa today.

QUESTION 3

Critically evaluate why the SA government chose to protect the right to abortion for women in the 1996 constitution, even though some research shows the majority of South Africans do not support abortion under any circumstance:

Be sure to discuss the following in our essay:

What are some of the common cultural, religious, and ethical grounds on which people

oppose abortion?

• What is the human rights case the government made for the right for women to choose to terminate a pregnancy in South Africa?
• What rights and responsibilities (and for whom) are at play in this discussion?
• Finally, conclude by summarising on what grounds you either oppose or support the Choice of Termination of Pregnancy Act of 1996, which allows for abortion on demand up to the twelfth week of pregnancy, under broadly specified circumstances from the thirteenth to the twentieth week and only for serious medical reasons after the twentieth week.

SECTION B: Answer ALL of the following short questions.

QUESTION 5:

Why have some theorists preferred to organise human rights around colours rather than generations? What problem are they trying to avoid?

QUESTION 6:

Why does the Universal Declaration of Human Rights (UNDHR) not give a particular philosophical or religious grounding to the human being and human dignity?

QUESTION 7:

What is the 'compossibility problem' in human rights theory? Can you give two very brief examples from South African society of this problem?

QUESTION 8:

What argument(s) would someone give to support their claim that human rights is a form of Western imperialism/colonialism? Use a concrete example from South Africa to support this argument?

QUESTION 9:

What argument(s) would someone use to support their claim that human rights are the means of social transformation? Use a concrete example from South Africa to support this argument?

QUESTION 10:

What were the 2 most significant things you learned or understood through engaging in this course?

- Describe these learnings and why they are significant for you and your world?

OR

- If you felt there was no significance to what you learned, describe why the course was disconnected from you and your world.

SECTION C: Answer ALL multiple-choice questions.

CASE STUDY: Read the following case study and then answers QUESTION 11/12/13/14/15

In South Africa, a legal dilemma arose when the Beth Din, a Jewish religious court, excommunicated ('excluded him from the community') a man for failing to pay maintenance to support his ex-wife and children. The man appealed to the civil courts, claiming the excommunication infringed on his individual rights to dignity and freedom of religion as protected by the Constitution's Bill of Rights. However, the court ruled in favour of the Beth Din, stating that since the man had voluntarily submitted to their authority, the Beth Din had the right to enforce communal norms (i.e. Jewish religious law).

QUESTION 11:

What did the court conclude regarding the individual's rights versus the collective's rights in the Beth Din case?

A) Individual rights are always prioritized

B) Collective rights are always prioritized

C) Individual rights were secondary to communal authority in this case

D) Collective rights have no standing in court

QUESTION 12:

In the case study, what was the conflict between?

A) National law and international law

B) Religious law and national law

C) Civil law and criminal law

D) Corporate law and environmental

QUESTION 13:

What difficulty do modern liberal democratic states (like South Africa) face, according to this case study?

A) Balancing between collective and individual rights when in conflict

B) Managing economic crises

C) Dealing with political corruption

D) Controlling population growth

QUESTION 14:

What did the court conclude regarding the individual who was excommunicated?

A) He was wrongly punished

B) He had chosen to be under the authority of the Beth Din

C) He had no right to individual freedom

D) His dignity was not affected

QUESTION 15:

What was the central argument in the cases discussed?

A) The right to freedom of speech

B) The right to a fair trial

C) The right of a religious authority to enforce community norms

D) The right to public assembly

QUESTION 16:

What does a negative human right primarily require?

A) Active government intervention

B) Protection from government interference

C) Collective action by citizens

D) Economic support

QUESTION 17

What is cultural relativism?

A) The belief that human rights are universal and apply to all individuals equally. B) The idea that cultural practices and norms should be evaluated based on their own

cultural context. C) The assertion that Western culture is superior to all other cultures. D) The rejection of any form of cultural diversity.

QUESTION 18

True or False

Restorative Justice is a legal process that prioritises punishment over