LCP4807 October-November Portfolio
(FULL RESPONSES) Semester 2 2024 - Deadline: 1 November 2024.... 100% TRUSTED Answers, guidelines, workings, and references...FOR ASSISTANCE WITH ASSIGNMENTS OR TO GET THE LATEST EXAM MATERIALS, KINDLY REACH OUT AT
, 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 a core requirement within international human
rights law, ensuring that individuals must utilize all legal options available within their national judicial
systems before appealing to international courts. This principle is formally established in Article 35(1)
of the European Convention on Human Rights (ECHR), which mandates that the European Court of
Human Rights (ECtHR) may only hear cases where claimants have fully exhausted domestic legal
avenues. This rule is designed to respect the sovereignty of member states, giving them an initial
opportunity to address and rectify potential human rights violations internally and to prevent
international courts from intervening prematurely in national affairs.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller LADHU. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R55,68. You're not tied to anything after your purchase.
