LCP4807 October-November
Portfolio
(FULL RESPONSES)
Semester 2 2024 - Deadline: 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 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.
Portfolio
(FULL RESPONSES)
Semester 2 2024 - Deadline: 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 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.
