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LCP4807 OCTOBER NOVEMBER PORTFOLIO
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- LCP4807
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- University Of South Africa
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LCP4807 OCTOBER NOVEMBER PORTFOLIO(COMPLETE ANSWERS) Semester 2 2024 - DUE 1
November 202
, LCP4807 OCTOBER NOVEMBER PORTFOLIO (COMPLETE
ANSWERS) Semester 2 2024 - DUE 1 November 2024
QUESTION 1 1.1. The International Justice Resource Centre
ifirst 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]
Question 1: Exhaustion of Domestic Remedies in the European Human Rights
System (20 Marks)
The principle of exhaustion of domestic remedies is foundational in international human
rights law and is explicitly required under Article 35 of the European Convention on
Human Rights (ECHR). The European Court of Human Rights (ECtHR) mandates that
applicants exhaust all available and effective domestic remedies before approaching the
Court.
Key Points for the Essay:
1. Explanation of the Principle:
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