LCP4807
Portfolio Semester 2 2024
OCTOBER NOVEMBER 2024
Detailed Solutions, References & Explanations
Unique number:
Due Date: 1 November 2024
QUESTION 1
1.1.
The principle of exhaustion of domestic remedies is a foundational requirement in the
European human rights system, embedded in Article 35(1) of the European Convention for the
Protection of Human Rights and Fundamental Freedoms (ECHR). This principle requires
individuals to pursue all possible legal avenues within their national jurisdictions before
seeking recourse at the European Court of Human Rights (ECtHR). In this essay, I will
critically discuss the rationale, application, and limitations of this principle under the European
human rights framework, with particular reference to the ECHR and its jurisprudence.
Rationale for Exhaustion of Domestic Remedies
The principle of exhaustion of domestic remedies is grounded in respect for state sovereignty
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