LCP4807 Assignment 2 (DETAILED ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED

LCP4807 Assignment 2 (DETAILED ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references.. LCP4807 SEMESTER I 2026 ASSIGNMENT 02 ASSIGNMENT 02 Submission Due Date: Tuesday, 21 April 2026 (Cut-off Time: 16H00) The Republic of Sofala is a small country located in Southeastern Africa, with a population of just over 6 million people. It is one of the poorest countries in the world, with 90% of the residents living on less than $1 per day. The Republic of Sofalais a Non-Governmental Organisation (NGO) which take cases on behalf of marginalized groups and individuals who are victims of gross violation of human rights. Despite, the success that DAA has achieved in the past, their cases have recently been dismissed on procedural grounds before International Courts and Treaty Monitoring Bodies. Among others, it has been argued that they have failed to exhaust domestic remedies. DAA is currently preparing to take a class action case before the African Committee of Experts on the Rights and Welfare of the Child (ACERWC). The case is about access to education of children living with Disability in Kangala-a West African country. Similar cases which have been heard by the Kangala Constitutional Court in the past have been dismissed on grounds of resources constraints. DAA is of the opinion that there is no point to first lodge a similar case before domestic courts in Kangala. DAA approaches you as an expert in human rights for a legal opinion before they can approach the ACERWC. Write a legal opinion in which you discuss the principle of exhaustion of domestic remedies in international human rights in general. In your opinion reflect on the following points among others: a) Can DAA take this case to the African Commission on Human and Peoples’ Rights? b) Is this prerequisite flexible or inflexible? c) Under what circumstances can the applicant be exempted? The Republic of Ziedwa is a small country located in Southeastern Africa, with a population of just over 6 million people. It is one of the poorest countries in the world, with 90% of the residents living on less than $1 per day. Ziedwa is a culturally rich country with a patriarchal society where gender norms are set with an understanding of the sociocultural expectations of both women and men. Ziedwa has a constitution that includes a Bill of Rights, which is a supreme law of the country. It has ratified the following major United Nations (UN) human rights instruments: the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) (and its Protocol). Ziedwa has also ratified the African Charter on Human and Peoples’ Rights; the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, and the Protocol to the African Charter on the Establishment of an African Court on Human and Peoples’ Rights but has not made a special declaration in terms of article 34(6). Mr Martin Daniel, his wife Luciano, and their four children, between the ages of three and sixteen (all girls), are citizens of Ziedwa. They reside in a remote village called Magadi in the province of Mpapati. In Magadi, there is no access to clean water, there are no schools, no roads, no health facilities, and all the village houses are built of mud and thatch. The nearest town is about 50 kilometers away. For the past ten years, Mr Daniel had approached the local municipality, the Public Protector, and the Human Rights Commission, fighting for the rights and the development and improvement of the lives of the people of Magadi, but nothing was done. He also litigated up to the Constitutional Court of Ziedwa, which is the highest Court on Constitutional matters. The court dismissed his case, indicating that the government has duly proved that there are budgetary constraints. In September 2025, Mr Daniel attended a workshop in Osofa, the capital of Ziedwa, where a Regional Non-Governmental Organization called Developed Afrika for All (COMOROS) had a human rights awareness workshop. COMOROS wants to assist Mr Daniel to have his case heard by the African Human Rights Commission using both the international and regional human rights systems, specifically ratified by the Republic of Ziedwa. COMOROS approaches you as an expert in international human rights law to advise them on both the procedural aspects and the merits of the case. Can the COMOROS take this case to the African Commission on Human and Peoples’ Rights? Regardless of whether your answer is yes or no, provide a critical analysis taking into consideration the procedural issues, possible rights that are violated in terms of the Charter, substantive issues, and the possible remedies. The Republic of Ziedwa is a small country located in Southeastern Africa, with a population of just over 6 million people. It is one of the poorest countries in the world, with 90% of the residents living on less than $1 per day. Ziedwa is a culturally rich country with a patriarchal society where gender norms are set with an understanding of the sociocultural expectations of both women and men. Ziedwa has a constitution that includes a Bill of Rights, which is a supreme law of the country. It has ratified the following major United Nations (UN) human rights instruments: the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) (and its Protocol). Ziedwa has also ratified the African Charter on Human and Peoples’ Rights; the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, and the Protocol to the African Charter on the Establishment of an African Court on Human and Peoples’ Rights but has not made a special declaration in terms of article 34(6). Mr Martin Daniel, his wife Luciano, and their four children, between the ages of three and sixteen (all girls), are citizens of Ziedwa. They reside in a remote village called Magadi in the province of Mpapati. In Magadi, there is no access to clean water, there are no schools, no roads, no health facilities, and all the village houses are built of mud and thatch. The nearest town is about 50 kilometers away. For the past ten years, Mr Daniel had approached the local municipality, the Public Protector, and the Human Rights Commission, fighting for the rights and the development and improvement of the lives of the people of Magadi, but nothing was done. He also litigated up to the Constitutional Court of Ziedwa, which is the highest Court on Constitutional matters. The court dismissed his case, indicating that the government has duly proved that there are budgetary constraints. In September 2025, Mr Daniel attended a workshop in Osofa, the capital of Ziedwa, where a Regional Non-Governmental Organization called Developed Afrika for All (COMOROS) had a human rights awareness workshop. COMOROS wants to assist Mr Daniel to have his case heard by the African Human Rights Commission using both the international and regional human rights systems, specifically ratified by the Republic of Ziedwa. COMOROS approaches you as an expert in international human rights law to advise them on both the procedural aspects and the merits of the case. Can the COMOROS take this case to the African Commission on Human and Peoples’ Rights? Regardless of whether your answer is yes or no, provide a critical analysis taking into consideration the procedural issues, possible rights that are violated in terms of the Charter, substantive issues, and the possible remedies. The Republic of Ziedwa is a small country located in Southeastern Africa, with a population of just over 6 million people. It is one of the poorest countries in the world, with 90% of the residents living on less than $1 per day. Ziedwa is a culturally rich country with a patriarchal society where gender norms are set with an understanding of the sociocultural expectations of both women and men. Ziedwa has a constitution that includes a Bill of Rights, which is a supreme law of the country. It has ratified the following major United Nations (UN) human rights instruments: the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) (and its Protocol). Ziedwa has also ratified the African Charter on Human and Peoples’ Rights; the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, and the Protocol to the African Charter on the Establishment of an African Court on Human and Peoples’ Rights but has not made a special declaration in terms of article 34(6). Mr Martin Daniel, his wife Luciano, and their four children, between the ages of three and sixteen (all girls), are citizens of Ziedwa. They reside in a remote village called Magadi in the province of Mpapati. In Magadi, there is no access to clean water, there are no schools, no roads, no health facilities, and all the village houses are built of mud and thatch. The nearest town is about 50 kilometers away. For the past ten years, Mr Daniel had approached the local municipality, the Public Protector, and the Human Rights Commission, fighting for the rights and the development and improvement of the lives of the people of Magadi, but nothing was done. He also litigated up to the Constitutional Court of Ziedwa, which is the highest Court on Constitutional matters. The court dismissed his case, indicating that the government has duly proved that there are budgetary constraints. In September 2025, Mr Daniel attended a workshop in Osofa, the capital of Ziedwa, where a Regional Non-Governmental Organization called Developed Afrika for All (COMOROS) had a human rights awareness workshop. COMOROS wants to assist Mr Daniel to have his case heard by the African Human Rights Commission using both the international and regional human rights systems, specifically ratified by the Republic of Ziedwa. COMOROS approaches you as an expert in international human rights law to advise them on both the procedural aspects and the merits of the case. Can the COMOROS take this case to the African Commission on Human and Peoples’ Rights? Regardless of whether your answer is yes or no, provide a critical analysis taking into consideration the procedural issues, possible rights that are violated in terms of the Charter, substantive issues, and the possible dismissed his case, indicating that the government has duly proved that there are budgetary constraints. In September 2025, Mr Ricardor attended a workshop in Osofa, the capital of Sofala, where a Regional Non-Governmental Organization called Developed Afrika for All (DAA) had a human rights awareness workshop. DAA wants to assist Mr Ricardor to have his case heard by the African Human Rights Commission using both the international and regional human rights systems, specifically ratified by the Republic of Sofala. DAA approaches you as an expert in international human rights law to advise them on both the procedural aspects and the merits of the case. Can the DAA take this case to the African Commission on Human and Peoples’ Rights? Regardless of whether your answer is yes or no, provide a critical analysis taking into consideration the procedural issues, possible rights that are violated in terms of the Charter, substantive issues, and the possible remedies. The Republic of Sofala is a small country located in Southeastern Africa, with a population of just over 6 million people. It is one of the poorest countries in the world, with 90% of the residents living on less than $1 per day. Sofala is a culturally rich country with a patriarchal society where gender norms are set with an understanding of the sociocultural expectations of both women and men. Sofala has a constitution that includes a Bill of Rights, which is a supreme law of the country. It has ratified the following major United Nations (UN) human rights instruments: the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) (and its Protocol). Sofala has also ratified the African Charter on Human and Peoples’ Rights; the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, and the Protocol to the African Charter on the Establishment of an African Court on Human and Peoples’ Rights but has not made a special declaration in terms of article 34(6). Mr Martin Ricardor, his wife Luciano, and their four children, between the ages of three and sixteen (all girls), are citizens of Sofala. They reside in a remote village called Magadi in the province of Mpapati. In Magadi, there is no access to clean water, there are no schools, no roads, no health facilities, and all the village houses are built of mud and thatch. The nearest town is about 50 kilometers away. For the past ten years, Mr Ricardor had approached the local municipality, the Public Protector, and the Human Rights Commission, fighting for the rights and the development and improvement of the lives of the people of Magadi, but nothing was done. He also litigated up to the Constitutional Court of Sofala, which is the highest Court on Constitutional matters. The LCP4807 SEMESTER I 2026 ASSIGNMENT 02 ASSIGNMENT 02 Submission Due Date: Tuesday, 21 April 2026 (Cut-off Time: 16H00) The Republic of Sofala is a small country located in Southeastern Africa, with a population of just over 6 million people. It is one of the poorest countries in the world, with 90% of the residents living on less than $1 per day. The Republic of Sofalais a Non-Governmental Organisation (NGO) which take cases on behalf of marginalized groups and individuals who are victims of gross violation of human rights. Despite, the success that DAA has achieved in the past, their cases have recently been dismissed on procedural grounds before International Courts and Treaty Monitoring Bodies. Among others, it has been argued that they have failed to exhaust domestic remedies. DAA is currently preparing to take a class action case before the African Committee of Experts on the Rights and Welfare of the Child (ACERWC). The case is about access to education of children living with Disability in Kangala-a West African country. Similar cases which have been heard by the Kangala Constitutional Court in the past have been dismissed on grounds of resources constraints. DAA is of the opinion that there is no point to first lodge a similar case before domestic courts in Kangala. DAA approaches you as an expert in human rights for a legal opinion before they can approach the ACERWC. Write a legal opinion in which you discuss the principle of exhaustion of domestic remedies in international human rights in general. In your opinion reflect on the following points among others: a) Can DAA take this case to the African Commission on Human and Peoples’ Rights? b) Is this prerequisite flexible or inflexible? c) Under what circumstances can the applicant be exempted? The Republic of Ziedwa is a small country located in Southeastern Africa, with a population of just over 6 million people. It is one of the poorest countries in the world, with 90% of the residents living on less than $1 per day. Ziedwa is a culturally rich country with a patriarchal society where gender norms are set with an understanding of the sociocultural expectations of both women and men. Ziedwa has a constitution that includes a Bill of Rights, which is a supreme law of the country. It has ratified the following major United Nations (UN) human rights instruments: the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) (and its Protocol). Ziedwa has also ratified the African Charter on Human and Peoples’ Rights; the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, and the Protocol to the African Charter on the Establishment of an African Court on Human and Peoples’ Rights but has not made a special declaration in terms of article 34(6). Mr Martin Daniel, his wife Luciano, and their four children, between the ages of three and sixteen (all girls), are citizens of Ziedwa. They reside in a remote village called Magadi in the province of Mpapati. In Magadi, there is no access to clean water, there are no schools, no roads, no health facilities, and all the village houses are built of mud and thatch. The nearest town is about 50 kilometers away. For the past ten years, Mr Daniel had approached the local municipality, the Public Protector, and the Human Rights Commission, fighting for the rights and the development and improvement of the lives of the people of Magadi, but nothing was done. He also litigated up to the Constitutional Court of Ziedwa, which is the highest Court on Constitutional matters. The court dismissed his case, indicating that the government has duly proved that there are budgetary constraints. In September 2025, Mr Daniel attended a workshop in Osofa, the capital of Ziedwa, where a Regional Non-Governmental Organization called Developed Afrika for All (COMOROS) had a human rights awareness workshop. COMOROS wants to assist Mr Daniel to have his case heard by the African Human Rights Commission using both the international and regional human rights systems, specifically ratified by the Republic of Ziedwa. COMOROS approaches you as an expert in international human rights law to advise them on both the procedural aspects and the merits of the case. Can the COMOROS take this case to the African Commission on Human and Peoples’ Rights? Regardless of whether your answer is yes or no, provide a critical analysis taking into consideration the procedural issues, possible rights that are violated in terms of the Charter, substantive issues, and the possible remedies. The Republic of Ziedwa is a small country located in Southeastern Africa, with a population of just over 6 million people. It is one of the poorest countries in the world, with 90% of the residents living on less than $1 per day. Ziedwa is a culturally rich country with a patriarchal society where gender norms are set with an understanding of the sociocultural expectations of both women and men. Ziedwa has a constitution that includes a Bill of Rights, which is a supreme law of the country. It has ratified the following major United Nations (UN) human rights instruments: the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) (and its Protocol). Ziedwa has also ratified the African Charter on Human and Peoples’ Rights; the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, and the Protocol to the African Charter on the Establishment of an African Court on Human and Peoples’ Rights but has not made a special declaration in terms of article 34(6). Mr Martin Daniel, his wife Luciano, and their four children, between the ages of three and sixteen (all girls), are citizens of Ziedwa. They reside in a remote village called Magadi in the province of Mpapati. In Magadi, there is no access to clean water, there are no schools, no roads, no health facilities, and all the village houses are built of mud and thatch. The nearest town is about 50 kilometers away. For the past ten years, Mr Daniel had approached the local municipality, the Public Protector, and the Human Rights Commission, fighting for the rights and the development and improvement of the lives of the people of Magadi, but nothing was done. He also litigated up to the Constitutional Court of Ziedwa, which is the highest Court on Constitutional matters. The court dismissed his case, indicating that the government has duly proved that there are budgetary constraints. In September 2025, Mr Daniel attended a workshop in Osofa, the capital of Ziedwa, where a Regional Non-Governmental Organization called Developed Afrika for All (COMOROS) had a human rights awareness workshop.