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LCP4807 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 1 November 2024
LCP4807 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 1 November 2024
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,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]
,Question 1.1: Exhaustion of Domestic Remedies under the
European Human Rights System
Introduction:
Define the principle of "exhaustion of domestic remedies"
as a preliminary requirement for seeking justice in
international human rights law.
Briefly introduce the European Convention for the
Protection of Human Rights and Fundamental Freedoms
(ECHR), which enshrines this principle.
Main Body:
1. The Principle of Exhaustion of Domestic Remedies:
o Explain Article 35 of the ECHR, which requires
applicants to exhaust all effective national remedies
before filing a complaint with the European Court of
Human Rights (ECHR).
o Discuss the rationale behind this principle: respecting
state sovereignty, allowing states to address violations
internally, and avoiding international courts becoming
courts of first instance.
2. Application in the European Human Rights System:
o Illustrate how the European Court interprets and
enforces this principle, citing relevant case law such
as Akdivar and Others v. Turkey and Vučković and
Others v. Serbia.
, o Analyze the criteria for an “effective” remedy, where a
remedy must be accessible, capable of providing
adequate relief, and prompt.
3. Exceptions and Criticisms:
o Discuss exceptions, such as situations where national
remedies are unavailable, ineffective, unduly
prolonged, or lack independence.
o Critique the principle’s application, particularly in
states where systemic issues prevent individuals from
accessing fair or prompt remedies.
Conclusion:
Summarize the importance of this principle within the
European human rights system.
Reflect on whether this principle strikes a fair balance
between state sovereignty and individuals’ rights to access
justice.
Question 1.2: Submission of Communications by Individuals
and NGOs to the African Commission and Court
Introduction:
Introduce the African human rights system, which includes
the African Commission on Human and Peoples’ Rights
(ACHPR) and the African Court on Human and Peoples’
Rights (ACtHPR).
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