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SOUTH AFRICAN QUALIFICATIONS AUTHORITY

REGISTERED UNIT STANDARD THAT HAS PASSED THE END DATE:

Apply Human Rights in a correctional/detention environment

SAQA US ID	UNIT STANDARD TITLE
114024	Apply Human Rights in a correctional/detention environment
ORIGINATOR
SGB Corrections
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-
FIELD			SUBFIELD
Field 08 - Law, Military Science and Security			Safety in Society
ABET BAND	UNIT STANDARD TYPE	PRE-2009 NQF LEVEL	NQF LEVEL	CREDITS
Undefined	Regular	Level 5	Level TBA: Pre-2009 was L5	18
REGISTRATION STATUS		REGISTRATION START DATE	REGISTRATION END DATE	SAQA DECISION NUMBER
Passed the End Date - Status was "Reregistered"		2007-08-07	2010-08-07	SAQA 0160/05
LAST DATE FOR ENROLMENT		LAST DATE FOR ACHIEVEMENT
2011-08-07		2014-08-07

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 will be useful to people performing duties in the correctional or detention environment

People credited with this unit standard are able to:

Demonstrate an understanding of the limitation clause in the Constitution

Demonstrate understanding of the effect of powers granted by enabling legislation on human rights and execute such powers within the boundaries of the enabling legislation

Avoid violation of human rights

Execute limitation of human rights

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING

The credit calculation is based on the assumption that learners are already competent in terms of the following outcomes or areas of learning when starting to learn towards this unit standard:

Understanding of the list of rights contained in the Bill of Rights and how it is described

Understanding of the concept human rights

Understanding of supremacy of law resulting in all other laws being subject to it

UNIT STANDARD RANGE

Specific range statements are provided in the body of the unit standard where they apply to particular specific outcomes or assessment criteria.

Specific Outcomes and Assessment Criteria:

SPECIFIC OUTCOME 1

Demonstrate an understanding of the limitation clause in the constitution.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

1. Understanding of the meaning of the limitation clause is demonstrated by explanation in accordance with the content of the limitation clause.

ASSESSMENT CRITERION 2

2. Understanding of the effect that the limitation clause in general terms could have on human rights is demonstrated by explanation.

ASSESSMENT CRITERION 3

3. The requirements set for lawful limitation are listed and the meaning of each requirement is explained in accordance with legal theory applicable.

ASSESSMENT CRITERION RANGE

Law of general application, reasonable, justifiable and proportional

ASSESSMENT CRITERION 4

4. The reality of limitation of human rights in the correctional /detention context is explained to prisoners in accordance to legal theory applicable.

SPECIFIC OUTCOME 2

Demonstrate understanding of the effect of powers granted by enabling legislation on human rights.

OUTCOME NOTES

Demonstrate understanding of the effect of powers granted by enabling legislation on human rights and execute such powers within the boundaries of the enabling legislation.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

1. Understanding of the relationship between powers of correctional officials and the effect that such powers may have on human rights are demonstrated by explanation.

ASSESSMENT CRITERION 2

2. Understanding of the relationship between powers of correctional officials and the limitation clause in the constitution is demonstrated by explanation.

ASSESSMENT CRITERION 3

3. Understanding that the limitation of human rights does not fall within the discretion of correctional officials is demonstrated with reference to the requirement of law of general application.

ASSESSMENT CRITERION 4

4. The general effect of different official powers of correctional officials on different human rights are identified.

ASSESSMENT CRITERION RANGE

Powers to search, seize, use force, general powers of law enforcement

ASSESSMENT CRITERION 5

5. Powers are executed within the boundaries of the legislation that grants the power.

SPECIFIC OUTCOME 3

Avoid violation of human rights.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

1. Avoid conduct which are not specifically provided for by the applicable legislation.

ASSESSMENT CRITERION RANGE

(only if/where needed)

ASSESSMENT CRITERION 2

2. Avoid conduct that poses a significant risk of violation of human rights.

ASSESSMENT CRITERION 3

3. Human rights at risk due to general conditions prevailing from time to time are identified.

ASSESSMENT CRITERION 4

4. Human rights at risk in different circumstances are identified in accordance with the effect of the applicable circumstances at stake.

ASSESSMENT CRITERION 5

5. Conduct prohibited by legislation and which relates to human rights are avoided in accordance with the applicable legislation.

SPECIFIC OUTCOME 4

Execute limitation of human rights.

ASSESSMENT CRITERIA

ASSESSMENT CRITERION 1

1. Clauses in the Correctional Services Act that have the effect of limitation of rights are identified.

ASSESSMENT CRITERION RANGE

(only if/where needed)

ASSESSMENT CRITERION 2

2. Legal duties are executed in accordance with legislation in circumstances where the legislation requires the legal duty to be executed.

ASSESSMENT CRITERION RANGE

Use of force to protect lives, emergency

ASSESSMENT CRITERION 3

3. Distinction is drawn between violation of human rights and lawful limitation of human rights.

ASSESSMENT CRITERION 4

4. Powers are executed in accordance with the requirements of the legislation that grant the applicable power in circumstances that compel the use of such powers.

ASSESSMENT CRITERION 5

5. Limitation of rights are executed while striving to minimise the effect of such limitation.

UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS

1. Anyone assessing a candidate against this unit standard must be registered as an assessor with the relevant ETQA.
2. Any institution offering learning that will enable achievement of this unit standard must be accredited as a provider through the relevant ETQA by SAQA.
3. Moderation of assessment will be overseen by the relevant ETQA according to the moderation guidelines and the agreed ETQA procedures.

UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE

The following essential embedded knowledge will be assessed through assessment of the specific outcomes in terms of the stipulated assessment criteria:

The Bill of Rights

Content of Sections in Correctional Services Act relating to the limitation of rights

Candidates are unlikely to achieve all the specific outcomes, to the standards described in the assessment criteria, without knowledge of the listed embedded knowledge. This means that for the most part, the possession or lack of the knowledge can be directly inferred from the quality of the candidate`s performance. Where direct assessment of knowledge is required, assessment criteria have been included in the body of the unit standard.

UNIT STANDARD DEVELOPMENTAL OUTCOME

N/A

UNIT STANDARD LINKAGES

N/A

Critical Cross-field Outcomes (CCFO):

UNIT STANDARD CCFO IDENTIFYING

Identify and solve problems and make decisions using critical and creative thinking.
Note: Different rights and the influence of intended conduct on these rights are identified and decisions made regarding most appropriate conduct. Problems that have to be solved relate to performing tasks without causing problems (violation).

UNIT STANDARD CCFO WORKING

Work effectively with others as members of a team, group, organisation or community.

UNIT STANDARD CCFO ORGANISING

Organise and manage themselves and their activities responsibly and effectively.
Note: Activities and conduct are managed with cognisance of the effect of such conduct or activities on human rights.

UNIT STANDARD CCFO COLLECTING

Collect, analyse, organise and critically evaluate information.
Note: Analyse different circumstances and evaluate whether intended conduct is acceptable. Evaluate the potential impact of performing duties and powers.

UNIT STANDARD CCFO COMMUNICATING

Communicate effectively, using visual, mathematical and / or language skills in the modes of oral and / or written presentations.
Note: Understanding of human rights is efficiently conveyed in interaction with prisoners/offenders.

UNIT STANDARD CCFO SCIENCE

Use science and technology effectively and critically showing responsibility towards the environment and health of others.
Note: Responsibility towards the environment and health of others are reflected by respect for human rights.

UNIT STANDARD CCFO DEMONSTRATING

Demonstrate an understanding of the world as a set of related systems by recognising that problem-solving contexts do not exist in isolation.
Note: This is reflected by the understanding of the relationship between action and its consequences and that problems relating to human rights can not be solved in isolation. Further displayed by the inter-relationship between the execution of duties by correctional officials and the effect it has on human rights of prisoners/offenders.

UNIT STANDARD ASSESSOR CRITERIA

Assessors should keep the following principles in mind when designing and conducting assessments against this unit standard:

Focus the assessment activities in terms of the title.

Assessment activities should be as close to the real performance as possible and when simulations are used, there should be supporting evidence to show that the person is able to perform in the real situation

Assessment activities should focus on outcomes and should be sufficient to enable evidence to be gathered around all the assessment criteria.

The assessment criteria provide the specifications against which assessment judgements should be made. In most cases, knowledge can be inferred from the quality of the performances, but in other cases, knowledge and understanding will have to be tested through questioning techniques. Where this is required, there will be assessment criteria to specify the standard required

All assessment should be conducted in line with the following well documented principles of assessment: appropriateness, fairness, manageability, integration into work or learning, validity, direct, authentic, sufficient, systematic, open and consistent.

UNIT STANDARD NOTES

Terminology

Terms have been clarified as far as possible through the use of range statements.

QUALIFICATIONS UTILISING THIS UNIT STANDARD:

	ID	QUALIFICATION TITLE	PRE-2009 NQF LEVEL	NQF LEVEL	STATUS	END DATE	PRIMARY OR DELEGATED QA FUNCTIONARY
Core	48553	National Diploma: Corrections Science	Level 5	NQF Level 05	Passed the End Date - Status was "Reregistered"	2020-07-30	SAS SETA

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.

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