LCP4807 – International Human Rights | Assignment 1
LCP4807 INTERNATIONAL HUMAN RIGHTS ASSIGNMENT 1
COMPLETE SOLUTION 2026
-DETAILED MODEL ANSWERS ON THE EVOLUTION OF THE INTERNATIONAL
HUMAN RIGHTS SYSTEM AND NON-DEROGABLE RIGHTS (DISTINCTION
LEVEL)
UNIVERSITY OF SOUTH AFRICA
College of Law
LCP4807
INTERNATIONAL HUMAN RIGHTS
ASSIGNMENT 1
Student Number: 12345678
Name: Jane Doe
Unique Assignment No: 706358
Due Date: 30 April 2025
Semester: First Semester 2025
University of South Africa (UNISA) Page 1
, LCP4807 – International Human Rights | Assignment 1
QUESTION 1 [25 MARKS]
Question: Critically discuss the evolution of the international human rights system with
specific reference to the role of the United Nations Charter and the Universal
Declaration of Human Rights (UDHR) in establishing the modern framework for the
protection of human rights.
1.1 Introduction
The protection of human rights at the international level is a relatively recent
development in the history of international law. Prior to the Second World War, how a state
treated its own citizens was considered a matter falling exclusively within its domestic
jurisdiction, governed by the principle of state sovereignty. The atrocities committed during
the Second World War — most notably the Holocaust — fundamentally challenged this
prevailing orthodoxy and gave rise to an urgent and sustained effort to place the protection
of individual rights at the centre of international legal order.
This question will critically examine the evolution of the international human rights
system, with particular focus on the foundational role played by the United Nations Charter
of 1945 and the Universal Declaration of Human Rights (UDHR) of 1948. It will also
consider the limitations of these instruments and their relationship to subsequent treaty-
based mechanisms.
1.2 The Pre-War International Legal Landscape
Before 1945, international law was primarily concerned with relations between
states and did not extend meaningful protection to individuals as subjects of international
law. The dominant doctrine of state sovereignty, as articulated in the 1648 Peace of
Westphalia, meant that states exercised plenary power over their nationals. While certain
limited protections existed — such as those afforded under treaties protecting religious and
ethnic minorities following the First World War, and the 1926 Slavery Convention — these
were narrow in scope and lacked effective enforcement mechanisms.
The League of Nations, established in 1919, represented a nascent attempt at
international cooperation but failed to incorporate a comprehensive human rights
framework. The Covenant of the League focused primarily on peace and security rather
than individual rights, and the proposed inclusion of a racial equality clause was ultimately
University of South Africa (UNISA) Page 2
LCP4807 INTERNATIONAL HUMAN RIGHTS ASSIGNMENT 1
COMPLETE SOLUTION 2026
-DETAILED MODEL ANSWERS ON THE EVOLUTION OF THE INTERNATIONAL
HUMAN RIGHTS SYSTEM AND NON-DEROGABLE RIGHTS (DISTINCTION
LEVEL)
UNIVERSITY OF SOUTH AFRICA
College of Law
LCP4807
INTERNATIONAL HUMAN RIGHTS
ASSIGNMENT 1
Student Number: 12345678
Name: Jane Doe
Unique Assignment No: 706358
Due Date: 30 April 2025
Semester: First Semester 2025
University of South Africa (UNISA) Page 1
, LCP4807 – International Human Rights | Assignment 1
QUESTION 1 [25 MARKS]
Question: Critically discuss the evolution of the international human rights system with
specific reference to the role of the United Nations Charter and the Universal
Declaration of Human Rights (UDHR) in establishing the modern framework for the
protection of human rights.
1.1 Introduction
The protection of human rights at the international level is a relatively recent
development in the history of international law. Prior to the Second World War, how a state
treated its own citizens was considered a matter falling exclusively within its domestic
jurisdiction, governed by the principle of state sovereignty. The atrocities committed during
the Second World War — most notably the Holocaust — fundamentally challenged this
prevailing orthodoxy and gave rise to an urgent and sustained effort to place the protection
of individual rights at the centre of international legal order.
This question will critically examine the evolution of the international human rights
system, with particular focus on the foundational role played by the United Nations Charter
of 1945 and the Universal Declaration of Human Rights (UDHR) of 1948. It will also
consider the limitations of these instruments and their relationship to subsequent treaty-
based mechanisms.
1.2 The Pre-War International Legal Landscape
Before 1945, international law was primarily concerned with relations between
states and did not extend meaningful protection to individuals as subjects of international
law. The dominant doctrine of state sovereignty, as articulated in the 1648 Peace of
Westphalia, meant that states exercised plenary power over their nationals. While certain
limited protections existed — such as those afforded under treaties protecting religious and
ethnic minorities following the First World War, and the 1926 Slavery Convention — these
were narrow in scope and lacked effective enforcement mechanisms.
The League of Nations, established in 1919, represented a nascent attempt at
international cooperation but failed to incorporate a comprehensive human rights
framework. The Covenant of the League focused primarily on peace and security rather
than individual rights, and the proposed inclusion of a racial equality clause was ultimately
University of South Africa (UNISA) Page 2
