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 fundamental tenet in international
human rights law, requiring individuals to exhaust all available legal avenues within their
national judicial systems before turning to international courts. This principle is explicitly
outlined in Article 35(1) of the European Convention on Human Rights (ECHR),
stipulating that the European Court of Human Rights (ECtHR) may only consider cases
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 fundamental tenet in international
human rights law, requiring individuals to exhaust all available legal avenues within their
national judicial systems before turning to international courts. This principle is explicitly
outlined in Article 35(1) of the European Convention on Human Rights (ECHR),
stipulating that the European Court of Human Rights (ECtHR) may only consider cases
