LLM IN HUMAN RIGHTS (LM522) (Under Review)
1. Introduction
Human dignity is ensured through various means in society and law is an example of a normative
system which strives to ensure respect of individuals as well as the preservation of the social order.
Human rights law more specifically has emerged as a field of law in its own right to respond to the
growing need for states, non-state actors and individuals to understand, and especially respect,
protect and fulfil human rights which is a cross-cutting field. Hence, human rights law is a complex
legal system which attempts to ensure that human dignity is preserved whilst reconciling, without
compromising, the diverse needs of all actors.
This postgraduate programme therefore asserts the importance of fulfilling the need of individuals,
in Mauritius as well as from abroad, to understand human rights and grasp the complex structure
and functioning of human rights law and related issues. Consequently, students on this programme
will be empowered to apply in their respective fields the knowledge and skills they will be
developing. Whether from a governmental or non-governmental background, students will find it
relevant and necessary to be able to identify and solve human rights issues. Ultimately, the existing
framework of human rights will benefit from stronger protection which in turn will contribute to the
welfare of everyone.
2.



3.
Objectives
To advance in-depth knowledge of human rights law to students, highlighting the multidisciplinary application of this field.
To train students in the critical analysis of the functioning of human rights law.
To empower students in the respect, protection and fulfilment of human. This will in turn
help to develop and improve the skills needed in governmental and non-governmental
bodies to deal with human rights issues.
General Entry Requirements
Successful completion of an undergraduate degree with
•
•
at least a Second Class or 50%, whichever is applicable or
a GPA not less than 2.5 out of 4 or equivalent, from a recognised higher education institution.
OR alternative qualifications acceptable to the University of Mauritius.
4.
Programme Requirements
A Bachelor’s Degree with at least Second Class.
5.
Programme Duration
Master’s Degree (P/T):
Normal (Years)
2
Maximum (Years)
4
6.
Credits per Year: Minimum 6 credits, Maximum 36 credits.
7.
Minimum Credits Required for the Awards
Master’s Degree: 39 credits
1
8.
Assessment
Each module will carry 100 marks and will be assessed as follows:
Assessment will be based on written examination of 3-hour duration and continuous assessment
carrying 40% of total marks. Continuous assessment will consist of at least two (2) assessments per
module per year.
For a student to pass a module an overall total of 40% for combined continuous assessment and
written examination components would be required without minimum threshold within the
individual continuous assessment and written examination.
Each module of 45 hours carries 3 credits and each module of 90 hours carries 6 credits.
(1) Research Methods in Human Rights LAWS 6335
The module Research Methods in Human Rights LAWS 6335 will be assessed as
follows:
(i) Continuous assessment: 50%
(ii) Final written examination: 50%
(2) Residential Seminar LAWS 6342





9.
During year 2, a Residential Seminar will be organised by the Faculty.
Students should compulsorily attend and actively participate in the Residential Seminar
whenever organised;
Students will be required to submit a report of not less than 1200 words to their Programme
Coordinator after attendance and participation;
Seminar attendance and the report shall be assessed by the Programme Coordinator;
Attendance at all sessions of the Seminar is compulsory and failure to do so would entail
the non award of the LLM degree and
Grade ‘S’ assigned upon satisfactory performance as well as attendance at all sessions of the
Seminar, in order to be eligible for award of the degree
Dissertation
Dissertation will carry 9 credits. Assessment will also include performance at a viva-voce
examination.
Submission Deadlines for Dissertation:
Last working day of the third month after final examinations.
10.
Specific Regulations
If CPA < 40, the student will have to repeat the entire academic year, and retake the
modules as and when offered. However, s/he will not be required, if s/he wishes, to retake
module(s) for which Grade C or above has been obtained.
Students are allowed to repeat a year only once over the entire duration of the Programme of
Studies.
2
11.
Important Note
The rules as stipulated in this Programme Structure and Outline Syllabus will replace all
other rules and regulations.
12.
List of Modules
MODULE CODE
Module Name
CORE
Yearly
LAWS 6331Y
LAWS 6332Y
LAWS 6333Y
LAWS 6336Y
Comparative Human Rights Law
Constitutionalism and Bill of Rights
Human Rights in Criminal Justice
Dissertation
Semester
Human Rights in Public International Law
Research Methods in Human Rights
Residential Seminar
6
6
6
9
Human Rights Law in Conflict Situations
Rights of Minorities and Vulnerable Groups
Human Rights and Criminal Law
Democratisation
Issues in Criminology
3
3
3
3
3
LAWS 6334
LAWS 6335
LAWS 6342
Credits
3
3
-
ELECTIVES
LAWS 6337
LAWS 6338
LAWS 6339
LAWS 6340
LAWS 6341
13.
Programme Plan – LLM in Human Rights Law
YEAR 1
Code
Module Name
LAWS 6334
LAWS 6332Y
LAWS 6335
LAWS 6333Y
Human Rights in Public International Law1
Constitutionalism and Bill of Rights
Research Methods in Human Rights2
Human Rights in Criminal Justice
YEAR 2
Core
Module Name
LAWS 6331Y
LAWS 6336Y
LAWS 6342
ELECTIVES
LAWS 6337
LAWS 6338
LAWS 6339 1
LAWS 6340
LAWS 6341 1
Comparative Human Rights Law
Dissertation
Residential Seminar2
CHOOSE ANY TWO
Human Rights Law in Conflict Situations2
Rights of Minorities and Vulnerable Groups1
Human Rights and Criminal Law1
Democratisation2
Issues in Criminology1
Hrs/Wk
Credits
3
3
3
3
3
6
3
6
Hrs/Wk
Credits
3
-
6
9
-
3
3
3
3
3
3
3
3
3
3
NOTE:
1
- Module offered in semester 1
2
- Module offered in semester 2
3
14.
Outline Syllabus
LAWS 6334– Human Rights in Public International Law
Origins of International Human Rights law and sources; Adjudication of human rights in
international law: ICJ, ICC, ad hoc tribunals, judicial and non-judicial institutions in the African,
European and inter-American human rights systems; Actors in human rights law; Organisation and
functions of inter-governmental bodies; Alternative dispute resolution mechanisms in human rights;
Transitional justice mechanisms
LAWS 6331Y - Comparative Human Rights Law
Universality and Cultural relativism of human rights; Obligations to respect, protect, fulfil;
Domestic implementation of human rights norms: role of non-judicial institutions in the realisation
of human rights, national human rights institutions (Paris Principles); The role of non-governmental
organisations (NGOs) in realising human rights; Non-state actors and international human rights
law: responsibility of corporations; Right to development under international law; The European
system of human rights; The Inter-American system of human rights protection; The African
system of human rights; Developments under the Arab League, Organisation of the Islamic States,
ASEAN
LAWS 6332Y- Constitutionalism and Bill of Rights
Identifying and analysing constitutionalism theories; Definition of a Constitution; Types of
Constitutions; Analysing the Constitution of Mauritius; Jurisdiction of the Supreme Court in
Constitutional issues; Interpretation of Constitutions: Liberal approach, Restrictive approach;
Constitutions and Bills of Rights: Relevance of providing a Bill of Rights within the Constitution;
Identification of the types of rights in Bills of Rights; Constitutional protection of rights through the
Constitution of Mauritius; Remedies available in cases of violation of human rights in Mauritius;
International aspects: Constitutional protection of Human Rights in Africa, Asia, Europe, America.
LAWS 6335- Research Methods in Human Rights
Introduction to postgraduate research; The research process, epistemological issues in legal
research, ethical issues, research proposal, understanding data, samples and populations, common
research methods - primary research and secondary research; Analyzing research data-basic
considerations, descriptive statistics, inferential statistics; Referencing styles.
Data collection in human rights research; Accessing legal sources; Human rights fact-finding and
assessment of human rights violations; Project conception and writing proposals for NonGovernmental Organisations..
LAWS 6333Y- Human Rights in Criminal Justice
Critical analysis of the Mauritian criminal justice system and the criminal process, the weaknesses
and limitations; Discretion in the criminal justice system; An evaluation of the theories of
punishment; Affirmation of dignity and other human rights for those on either side of the law;
Discriminatory law enforcement; Excessive sentences which offend human rights; Prison
conditions with punitive regimes of deprivation, miscarriage of justice; Rights of victims in
criminal justice proceedings.
LAWS 6337- Human Rights Law in Conflict Situations
Legal aspects of conflict situations in international law; Geneva Conventions; Women and war,
Children and war, Refugees and Internally Displaced Persons; International and regional
instruments related to refugees and internally displaced persons (IDPs); Emergence of the concept
of the responsibility to protect in conflict situations.
4
LAWS 6338- Rights of Minorities and Vulnerable Groups
Minorities rights law; Protection of existence, Protection from discrimination and persecution,
Protection and Promotion of Identities, Participation in Political life, Sexual Minorities Rights;
persons with disabilities; elderly persons; women; children; Equal Opportunities Act 2008 and other
laws.
LAWS 6339- Human Rights and Criminal Law
Introduction to international criminal law and its sources ; Challenges; Crimes against humanity,
genocide, war crimes and crime of aggression; International Criminal Court
LAWS 6340– Democratisation
The link between democracy and human rights; democracy and the right to self-determination;
Democracy and causes of democratisation and historical transitions; Indicators of democratisation;
Democratisation in the context of international bodies (UN) and corporations; Third wave
democracy; Nation-building; effectiveness of transitional justice in democratisation; Mauritius as a
full democracy – accountability, rule of law and equality before the law; the concept of majoritarian
democracy.
LAWS 6341 Issues in Criminology
Introduction to Criminology, the historical background; Key issues in Criminology; Measuring
crime, the extent of crime, sources of crime information; Nature v/s nurture debate; Traditional and
critical criminology; Theories of criminology: the classical school, positivism, feminism, anomie
and strain theory, labelling theory, control theory.
LAWS 6336Y- Dissertation
A literature-review based or empirical researched based piece of academic work in the field of law
with preference to human rights. Students will be able to use the knowledge gained from the study
of the modules studied for the LLM to write this dissertation of 12 000-15 000 words.
LAWS 6342 Residential Seminar
The Residential Seminar shall be conducted by practitioners and professors to demonstrate the
practicability of human rights on the field.
Students will be required to submit a report of not less than 1200 words to their programme
coordinator after attendance and participation. Seminar attendance and the report shall be assessed
by the Programme Co-ordinator. Grade ‘S’ will be assigned upon satisfactory performance to be
eligible for the award of the Degree.
November 2013
5