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LCP4807 PORTFOLIO MEMO - MAY/JUNE 2022 - SEMESTER 1
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LCP4807 PORTFOLIO MEMO - MAY/JUNE 2022 - SEMESTER 1
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QUESTION 11.1 To what extent can international human rights law be invoked as part of
domestic legal systems and what is the role of the principle of state sovereignty
in this regard?
(15)
Introduction
The literal meaning of exhaustion of local remedies is the satisfaction by individuals of
a requirement to resort to all remedies that exist in a domestic forum. This requirement
is a prerequisite before submitting cases before international courts, commissions and
Treaty monitoring bodies including the Committee on the Rights of the Child.
Meaning of Exhaustion of Domestic Remedies
“The term “exhaustion of domestic remedies” refers to the general requirement that
victims first use the judicial or administrative complaint procedures available under
national law before bringing a complaint to the international level. It is a prerequisite
to submitting a complaint to most supranational human rights bodies, meaning those
bodies will reject a complaint if the complainant cannot show that he or she pursued
domestic remedies to their final conclusion.
The rationale for exhaustion of domestic remedies
The rationale behind the exhaustion of domestic remedies notion is to give the country
allegedly responsible for a human rights violation the opportunity to provide reparation
on its own. Further, national or domestic remedies are seen as being more effective,
accessible and result in faster resolution of disputes. Domestic remedies are
considered exhausted if all levels of national courts have been approached up to the
highest court in the country.
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