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LCP4807 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 1 November 2024; 100% TRUSTED Complete, trusted solutions and explanations. R48,10
LCP4807 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 1 November 2024; 100% TRUSTED Complete, trusted solutions and explanations.
LCP4807 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 1 November 2024; 100% TRUSTED Complete, trusted solutions and explanations.
,QUESTION 1 1.1. The International Justice Resource
Centre argues that: Exhaustion of domestic remedies is
usually the first step in seeking redress for human rights
violations. This step requires that a person attempt to use
available national legal protections to seek accountability
or reparation for the violation, appealing as necessary until
the claim can be pursued no further at the national level. If
a person does not receive an adequate remedy from a
national body, then he or she may submit a complaint—a
submission alleging human rights violations—for
consideration by an international human rights court or
mechanism. Write a critical essay in which you discuss the
principle of exhaustion of domestic remedies under the
European human rights system with specific reference to
the European Convention for the Protection of Human
Rights and Fundamental Freedoms. (20) 1.2. Critically
discuss whether Individuals and Non-Governmental
Organizations (NGOs) can submit communications to both
the African Commission on Human and Peoples’ Rights
and the African Court on Human and Peoples’ Rights for
an alleged violation of rights. (20) 1.3. Critically discuss
whether the Universal Declaration of Human Rights
(UDHR) has acquired the status of customary international
law. (10) [50]
, 1.1 Principle of Exhaustion of Domestic Remedies
under the European Human Rights System
Overview of Exhaustion of Domestic Remedies:
This principle requires individuals to use all
possible legal avenues within their national legal
system before turning to an international body
for redress.
Based on the idea that states should have the
opportunity to resolve issues internally.
Reference to the European Convention on
Human Rights (ECHR):
Article 35 of the ECHR stipulates that the
European Court of Human Rights (ECtHR) can
only handle a case if all domestic remedies have
been exhausted.
This article ensures that member states of the
Council of Europe have a chance to address
human rights issues through their own courts
and legal systems.
Key Cases and Examples:
Selmouni v. France (1999) and Akdivar v.
Turkey (1996) are significant cases that illustrate
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