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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Examine law and structures in terms of their promotion of human rights and democracy 
SAQA US ID UNIT STANDARD TITLE
119659  Examine law and structures in terms of their promotion of human rights and democracy 
ORIGINATOR
SGB Democracy, Human Rights, Peace and Elections 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 07 - Human and Social Studies Public Policy, Politics and Democratic Citizenship 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 5  Level TBA: Pre-2009 was L5 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Reregistered  2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
This Unit Standard is for anyone who needs to demonstrate an understanding of the legislation that guides and the structures that operate in a society where human rights and democracy are practiced. This unit standard will be useful to learners, from para-legals and NGOs.

People credited with this unit standard are capable of:
  • Examining law in terms of human rights and democratic principles and values;
  • Examining structures in terms of human rights and democratic principles and values; and
  • Identifying the human rights and democracy gaps in statutory law and structures. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    It is recommended that learners are competent in the Unit Standard: Demonstrate awareness of the foundations of human rights and democracy before accessing this Unit Standard. 

    UNIT STANDARD RANGE 
  • Law includes statutory law, customs, common law, judicial precedent and indigenous law.
  • Structures include courts, CCMA, NGOs, Advice Centres, Institutions listed in Chapter 9 of the South African Constitution and any other Institutions that are established to protect and promote human rights and democracy. 

  • Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Examine law in terms of human rights and democratic principles and values. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Laws are examined to show their links with principles and values of human rights and democracy. 
    ASSESSMENT CRITERION RANGE 
    4 different sources of law, 2 of which should be statutory law.
     

    ASSESSMENT CRITERION 2 
    Cases are examined in terms of relevant law to show the application and/or non-application of the related human rights and democratic principles and values. 

    ASSESSMENT CRITERION 3 
    Conflicts and/or discrepancies between various sources of law are discussed in terms of the application of human rights and democratic principles and values. 
    ASSESSMENT CRITERION RANGE 
    3 conflicts or discrepancies.
     

    ASSESSMENT CRITERION 4 
    The transformative purpose of statutory law is examined with examples. 

    SPECIFIC OUTCOME 2 
    Examine structures in terms of human rights and democratic principles and values. 
    OUTCOME RANGE 
    Structures include courts, CCMA, NGOs, advice centres, institutions identified in Chapter 9 of the South African Constitution and Bill of Rights. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Structures that promote human rights and democratic principles and values are identified in terms of their purpose and features. 

    ASSESSMENT CRITERION 2 
    Courts that provide access to human rights and democracy are identified in terms of their purpose. 
    ASSESSMENT CRITERION RANGE 
    At least 6 types of courts, including 2 special courts.
     

    ASSESSMENT CRITERION 3 
    The transformative purpose of structures is discussed in terms of the way they deal with human rights and democratic principles and values. 

    SPECIFIC OUTCOME 3 
    Identify the human rights and democracy gaps in statutory law and structures. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Cases are identified where legislation is insufficient in terms of addressing human rights and democracy issues. 

    ASSESSMENT CRITERION 2 
    Cases are identified where structures are insufficient in terms of dealing with human rights and democracy issues. 

    ASSESSMENT CRITERION 3 
    Suggestions are provided of possible ways in which gaps can be addressed through legislation and structures. 

    ASSESSMENT CRITERION 4 
    Comparisons to other models identify best practices and lead to recommendations for improving statutory laws and structures. 
    ASSESSMENT CRITERION RANGE 
    Models of international structures, including structures in civil society.
     


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • Assessors for this unit standard must be registered as an assessor with the appropriate ETQA or with an ETQA that has a Memorandum of Understanding with the appropriate ETQA.
  • Any institution offering learning that will enable achievement of this unit standard must be accredited as a provider through the appropriate ETQA or with an ETQA that has a Memorandum of Understanding with the appropriate ETQA.
  • Moderation of assessment will be overseen by the appropriate ETQA according to the moderation guidelines and the agreed ETQA procedures.
  • Moderators must be registered as assessors with the relevant ETQA, or with an ETQA that has a Memorandum of Understanding with the relevant ETQA. 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    Foundations of human rights and democracy. 

    UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and solve problems: this will be demonstrated identifying the human rights and democracy gaps in statutory law and structures. 

    UNIT STANDARD CCFO COLLECTING 
    Collect, analyse, organise and critically evaluate information: when examining law in relation to application of human rights. 

    UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively using visual, mathematical and/or language skills: communication will be used when demonstrating knowledge of concepts of human rights. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Understand the world as a set of inter-related parts of a system: this will be demonstrated when showing the relationship between legislation and structures dealing with human rights and democratic issues. 

    UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    Glossary and Abbreviations
  • CEDAW: Convention on the Elimination of All Forms of Discrimination against Women
  • CERD: International Convention on the Elimination of All Forms of Racial Discrimination
  • CRC: Convention on the Rights of the Child
  • ICCPR: International Covenant on Civil and Political Rights
  • ICESCR: International Covenant on Economic, Social and Cultural Rights
  • Bill of Rights: A list of rights and freedoms for people in a country/countries. It can be part of the law of the country.
  • Charter: A document outlining the principles, functions, and organization of a corporate body: a constitution: the city charter.
  • Common Law: A body of law that is based on custom and general principles and embodied in case law and that serves as a precedent or is applied to situations not covered by statute.
  • Constitution: A constitution contains the rules and principles according to which a country is governed.
  • Convention: An agreement between nations for regulation of maters affecting all of them.
  • Covenant: A binding agreement; a compact. A formal sealed agreement or contract. An international covenant on Human Rights.
  • Declaration: An explicit, formal announcement, either oral or written.
  • Developmental rights: "A decent standard of living, adequate nutrition, health care, education and decent work and protection against calamities are not just development goals - they are also human rights". (Human Development Report 2000 or the right of people/a group of people to have their culture recognised or to advance themselves politically or economically.
  • Law: A rule of conduct or procedure established by custom, agreement, or authority. The body of rules and principles governing the affairs of a community and enforced by a political authority; a legal system: international law.
  • Legislation: The act or process of legislating; lawmaking. A proposal or enacted law or group of laws.
  • Legislature: An officially elected or otherwise selected body of people vested with the responsibility and power to make laws for a political unit, such as a state or nation.
  • Mechanism: A system of parts that operate or interact like those of a machine. A process by which something is done or comes into being.
  • Organ: A government agency or instrument devoted to the performance of some specific function; "the SAPS is an organ of the government of the South Africa".
  • Paralegal: A person with specialized training who assists lawyers.
  • Petition: A formal document requesting a right or benefit from a person or group in authority.
  • Preamble: A preliminary statement, especially the introduction to a formal document that serves to explain its purpose. The introductory part of a constitution or statute that usually states the reasons for and intent of the law.
  • Principle: A basic truth, law or assumption: the principles of democracy. A rule or standard.
  • United Nations: An international organization composed of most of the countries of the world. It was founded in 1945 to promote peace, security, and economic development.
  • Universal Declaration of Human Rights: Is intended to be an international standard for the protection of Human Rights. Not directly or indirectly enforceable, and creates no legal obligations for the signatories. 

  • QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Elective  57427   National Certificate: Youth Development  Level 5  Level TBA: Pre-2009 was L5  Reregistered  2023-06-30  ETDP SETA 
    Elective  50585   National Certificate: Public Service Communication  Level 6  Level TBA: Pre-2009 was L6  Reregistered  2023-06-30  PSETA 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    1. Chrysalis Academy Western Cape Trust 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.