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13 March 2018 Photo Stephen Collet
Interdisciplinary master programme in human rights launched at UFS
Back row (from left): Aphiwe Ntoyi and Marita van Kraayenburg, Prof Rian enter.Second row (from left): Nduvho Nesengani Davhana, Tembisa Leeuw andDonnae Sandt, Dionne Van Reenen, Marlize Ramsden, Rev Martin LaubscherFront row (from left): Dr Mwiza Nkhata,Penelope Nhlapo, Prof Loot Pretorius,Sikelela Ndlazi Ndlazi, and Ofentse Seate.

The Free State Centre for Human Rights at the University of the Free State (UFS) Faculty of Law launched a new interdisciplinary master’s degree programme in human rights in the 2018 academic year. The interdisciplinary focus of the programme is unique and it is currently the only one of its kind in the country.

Prof Jan Pretorius, Coordinator: Postgraduate Programmes and Research at the Centre, said the programme is constructed in such a way that makes it accessible to students coming from various academic disciplines, making it dynamic and attractive in modern academia. After acquiring a general orientation in the theoretical foundations of human rights and contemporary human rights critiques (module 1), the international human rights systems and important interdisciplinary and multi-disciplinary perspectives on human rights (module 2), students can choose from a number of elective courses that best suit their individual preferences (module 3). The latter includes human rights in domestic and international law, human rights and education, human rights and politics, environmental management and human rights, health and human rights, religion and human rights, human rights and development, and gender and human rights. A module in research methodology (module 4) prepares students for completing the mini dissertation (module 5).

The Centre received a large number of applications for the programme and started off with 12 selected to make up the first cohort of 2018. With the recent appointment of a new director (Prof Danie Brand) and the further expansion of the Centre’s ranks, more students will be accommodated from 2019 onwards. The students were welcomed at a first meeting on 19 February. The highlight of the occasion was a guest lecture on the African human rights system by Prof Mwiza Nkhata, from the University of Malawi, and postdoctoral fellow at the Free State Centre for Human Rights. He shared his ideas on the evolution of the system, its achievements and challenges.

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Wrongful suffering must be compensated, Prof Johann Neethling argues
2016-04-20

Description: Prof Johan Neethling, wrongful suffering must be compensated Tags: Prof Johan Neethling, wrongful suffering must be compensated

From the left are Prof Jonathan Jansen, Vice-Chancellor and Rector, Prof Caroline Nicholson, Dean of the Faculty of Law, Prof Neethling, Prof Rita-Marie Jansen, Vice-Dean, and Dr Brand Claassen, Head of the Department of Private Law.
Photos: Stephen Collett

On 11 April, the Faculty of Law held the first of the year’s series of Prestige Lectures presented by Prof Johann Neethling, Senior Professor in the Department of Private Law.  The event was attended by senior faculty members, the Dean of Law Prof, Caroline Nicholson, and the Vice-Chancellor and Rector, Prof Jonathan Jansen.

In his opening remarks, Prof Jansen said “Prestige lectures are at the heart of a university’s academic endeavour. It would serve the university community well to present them more often, as they go to the heart of important issues that affect society”

Prof Neethling made a compelling case for compensation for wrongful suffering by a child born with impairments. Since the mid-1960s, the actions of wrongful conception and wrongful birth have been recognised in South African law. Wrongful conception is defined as when a healthy child is born as a result of failed sterilisation or abortion, and wrongful birth is when a doctor fails to inform parents of a disability before the birth of their child.

“The reality is that a child born with impairments may indeed suffer (sometimes extreme) pain, loss of amenities of life, which would justify an award of damages,” he said.

So far, the action for wrongful suffering has been dismissed by the High Court and the Supreme Court of Appeal. However, he highlighted several cases where wrongful conception and wrongful birth was recognised by the courts.

“Why can the same approach (for wrongful conception and wrongful birth) not be followed in wrongful suffering claims by accepting that a disabled child seeks to address the consequences of its birth?” he asked.

Prof Neethling is regarded as one of the greatest minds in Private Law, not only in South Africa but in the African continent.

A festschrift, Essays in Honour of Johann Neethling (2015), with contributions from more than 50 of his peers around the world, was also launched at the lecture.

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