May June Portfolio 2026
Unique number:
Due date: 2 June 2026
QUESTION 1
The European Court of Human Rights is the main judicial body responsible for enforcing the
European Convention on Human Rights after the reform brought by Protocol 11. 1 Its
jurisdiction is important because the Court does not operate as an ordinary appeal court
over national courts, but as an international human rights court that deals with alleged
violations of the Convention and its protocols.1 The Court may only act where the complaint
concerns the interpretation or application of the Convention, which means that the applicant
must connect the facts of the case to a recognised Convention right. 1 This gives the Court a
wide human rights mandate, but it also keeps the Court within the limits accepted by states
when they became parties to the Convention.1
The Court has contentious jurisdiction, meaning it may decide disputes between parties
where one party alleges that a state party has breached the Convention. 1This includes
interstate complaints, where one state brings a case against another state, and individual
petitions, where a person, non-governmental organisation or group of individuals claims to
be a victim of a Convention violation.1 This is one of the strongest features of the European
, QUESTION 1
The European Court of Human Rights is the main judicial body responsible for
enforcing the European Convention on Human Rights after the reform brought by
Protocol 11.1 Its jurisdiction is important because the Court does not operate as an
ordinary appeal court over national courts, but as an international human rights court
that deals with alleged violations of the Convention and its protocols.2 The Court may
only act where the complaint concerns the interpretation or application of the
Convention, which means that the applicant must connect the facts of the case to a
recognised Convention right.3 This gives the Court a wide human rights mandate,
but it also keeps the Court within the limits accepted by states when they became
parties to the Convention.4
The Court has contentious jurisdiction, meaning it may decide disputes between
parties where one party alleges that a state party has breached the Convention. 5This
includes interstate complaints, where one state brings a case against another state,
and individual petitions, where a person, non-governmental organisation or group of
individuals claims to be a victim of a Convention violation.6 This is one of the
strongest features of the European system because individuals are not left
completely dependent on their own governments after domestic protection has
failed.7 The system therefore gives practical meaning to international human rights
law by allowing people to challenge state conduct directly before an international
court.8
The Court also has advisory jurisdiction, but this power is narrower than its
contentious function.9Advisory opinions concern the interpretation of the Convention
and its protocols, and such requests may be brought only by the Committee of
1
Mmatsie Mooki and Posche Makama, LCP4807 International Human Rights Law Only Study Guide
(University of South Africa 2019) 48.
2
Mooki and Makama, Study Guide 48.
3
Convention for the Protection of Human Rights and Fundamental Freedoms 1950, art 32.
4
Mooki and Makama, Study Guide 51.
5
Mooki and Makama, Study Guide 51.
6
European Convention on Human Rights art 34.
7
Mooki and Makama, Study Guide 51.
8
Mooki and Makama, Study Guide 17.
9
European Convention on Human Rights art 47.