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LCP4807 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 1 November 2024; 100% TRUSTED Complete, trusted solutions and explanations. R45,40
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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
In addressing the principle of exhaustion of domestic
remedies, focus on:
Definition and Purpose: Explain the principle
as it applies in international law, especially
under the European human rights system, which
emphasizes that individuals must first attempt to
seek justice within their own national legal
system. Discuss why this is essential in
upholding national sovereignty and legal
systems.
The European Convention on Human Rights
(ECHR): Analyze specific provisions,
particularly Article 35 of the ECHR, which
mandates that applicants must exhaust all
available domestic remedies before approaching
the European Court of Human Rights (ECtHR).
Case Law: Illustrate with key cases like Airey v.
Ireland and Akdivar and Others v. Turkey,
which clarify when a case may or may not
satisfy the exhaustion requirement.
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