Exam (elaborations)
LCP4807 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 1 November 2024
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- LCP4807
- Institution
- University Of South Africa
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LCP4807 OCTOBERNOVEMBER PORTFOLIO
(COMPLETE ANSWERS)
Semester 2 2024 - DUE 1
November 2024
Cheruiyotkelvin330@gmail.com
, LCP4807 OCTOBER NOVEMBER PORTFOLIO
(COMPLETE ANSWERS) Semester 2 2024 - DUE 1
November 2024
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 in the European Human Rights System
The principle of exhaustion of domestic remedies is fundamental within international human
rights frameworks, requiring individuals to use all available legal avenues in their national
systems before appealing to international bodies. This principle is explicitly set out in Article
35(1) of the European Convention for the Protection of Human Rights and Fundamental
Freedoms (ECHR), which states that the European Court of Human Rights (ECtHR) will only
accept cases where all domestic remedies have been exhausted. This requirement ensures respect
for national legal processes, enabling states to address and correct human rights violations
internally and preventing international intervention from bypassing local courts prematurely.
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