lOMoAR cPSD| 51777283
, lOMoAR cPSD| 51777283
UNIVERSITY EXAMINATIONS
JUN/JUL 2025
LCP4807
International Human Rights Law
100 Marks 24
Hours
First Examiner: Adv SP Makama
Second Examiner: Ms MS Mooki
External Examiner: Dr TW Maseko
THIS PAPER CONSISTS OF 5 (FIVE) PAGES – INCLUDING INSTRUCTIONS.
Honesty Declaration:
In writing and submitting this paper you affirm that:
1. You understand what academic dishonesty entails and are aware of UNISA’s policies in this
regard.
2. You have not allowed and will not allow anyone to copy your work with the intention of passing
it off as his or her own work.
3. You did not make use of another student’s work with or without permission and submitted it as
your own.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
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, lOMoAR cPSD| 51777283
1. The examination question paper counts 100 marks.
2. It consists of questions 1 and 2. All questions are compulsory. Answer ALL of the
questions.
3. The duration of the examination is 24 hours starting on Thursday 31 October
2024 at 10h00 and ending on Friday 01 November 2025 at 10H00 .
4. This is an open-book examination. You may consult your prescribed study material during
the examination.
5. You will submit your examination portfolio under Assessment 03 the same way you
submitted your assignments.
6.
The cover page to your take-home exam must include your name, student number and the
module code.
7. It is preferred that your take-home exam is typed, however, handwritten submissions will also
be accepted.
Whether your answers are typed or handwritten, your submission on the Moodle platform
8. must be made in the form of one PDF document.
9.
When answering the take-home exam questions, remember that an open-book exam is a test
at a higher level than the usual type of exam, where memory is tested as much as insight. In
an open-book exam, you need not memorise any information. You are expected to prove that
you can use information, rather than merely repeat it. In brief, what is being tested is factual
knowledge, understanding and the correct application thereof, not memory skills. For this
reason, you do not earn marks by merely detailing a list of all the information that you think
might be relevant to a particular question. This gives no indication that you know what
statutory or other provisions are applicable in a specific context. You are expected to identify
precisely what information applies, and then explain why you think so. Also, because you
have the guide available when answering questions, we do not give marks for direct
quotations from the guide. You are therefore assessed on your level of understanding of the
legal principles by looking at how well you applied the principles to the questions. PLEASE
DO NOT CUT AND PASTE ANSWERS FROM THE
STUDY GUIDE (OR ANY OTHER SOURCE).
10.
Ensure that you give reasons for each answer. Substantiate your answers by referring to ALL
of the relevant authorities, e.g. sections from relevant legislation and/or court cases in the
text.
=
, lOMoAR cPSD| 51777283
11. A number of students lose marks because they do not approach problem-type questions
correctly. When answering such questions, it is important to first clarify for yourself the area
of work where the answer must be sought. Once you have done this, set out the relevant legal
principles.
Deal only with those principles that relate to the given facts. Next, apply these principles to
the facts. This is where most of the students lose marks - they set out the law in some detail,
but then do not illustrate how it applies to the factual situation they have been asked to solve.
Finally, state your conclusion.
PLEASE NOTE:
If you experience technical problems, of any kind, on the day of the examination and your examination
answers are not submitted by the cut-off time, you will be marked as absent. You have to apply online
to be deferred to the next exam opportunity. No other type of submission of your examination answers
will be accepted.
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)
The Principle of Exhaustion of Domestic Remedies under the
European Human Rights System
Introduction
=
, lOMoAR cPSD| 51777283
UNIVERSITY EXAMINATIONS
JUN/JUL 2025
LCP4807
International Human Rights Law
100 Marks 24
Hours
First Examiner: Adv SP Makama
Second Examiner: Ms MS Mooki
External Examiner: Dr TW Maseko
THIS PAPER CONSISTS OF 5 (FIVE) PAGES – INCLUDING INSTRUCTIONS.
Honesty Declaration:
In writing and submitting this paper you affirm that:
1. You understand what academic dishonesty entails and are aware of UNISA’s policies in this
regard.
2. You have not allowed and will not allow anyone to copy your work with the intention of passing
it off as his or her own work.
3. You did not make use of another student’s work with or without permission and submitted it as
your own.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
=
, lOMoAR cPSD| 51777283
1. The examination question paper counts 100 marks.
2. It consists of questions 1 and 2. All questions are compulsory. Answer ALL of the
questions.
3. The duration of the examination is 24 hours starting on Thursday 31 October
2024 at 10h00 and ending on Friday 01 November 2025 at 10H00 .
4. This is an open-book examination. You may consult your prescribed study material during
the examination.
5. You will submit your examination portfolio under Assessment 03 the same way you
submitted your assignments.
6.
The cover page to your take-home exam must include your name, student number and the
module code.
7. It is preferred that your take-home exam is typed, however, handwritten submissions will also
be accepted.
Whether your answers are typed or handwritten, your submission on the Moodle platform
8. must be made in the form of one PDF document.
9.
When answering the take-home exam questions, remember that an open-book exam is a test
at a higher level than the usual type of exam, where memory is tested as much as insight. In
an open-book exam, you need not memorise any information. You are expected to prove that
you can use information, rather than merely repeat it. In brief, what is being tested is factual
knowledge, understanding and the correct application thereof, not memory skills. For this
reason, you do not earn marks by merely detailing a list of all the information that you think
might be relevant to a particular question. This gives no indication that you know what
statutory or other provisions are applicable in a specific context. You are expected to identify
precisely what information applies, and then explain why you think so. Also, because you
have the guide available when answering questions, we do not give marks for direct
quotations from the guide. You are therefore assessed on your level of understanding of the
legal principles by looking at how well you applied the principles to the questions. PLEASE
DO NOT CUT AND PASTE ANSWERS FROM THE
STUDY GUIDE (OR ANY OTHER SOURCE).
10.
Ensure that you give reasons for each answer. Substantiate your answers by referring to ALL
of the relevant authorities, e.g. sections from relevant legislation and/or court cases in the
text.
=
, lOMoAR cPSD| 51777283
11. A number of students lose marks because they do not approach problem-type questions
correctly. When answering such questions, it is important to first clarify for yourself the area
of work where the answer must be sought. Once you have done this, set out the relevant legal
principles.
Deal only with those principles that relate to the given facts. Next, apply these principles to
the facts. This is where most of the students lose marks - they set out the law in some detail,
but then do not illustrate how it applies to the factual situation they have been asked to solve.
Finally, state your conclusion.
PLEASE NOTE:
If you experience technical problems, of any kind, on the day of the examination and your examination
answers are not submitted by the cut-off time, you will be marked as absent. You have to apply online
to be deferred to the next exam opportunity. No other type of submission of your examination answers
will be accepted.
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)
The Principle of Exhaustion of Domestic Remedies under the
European Human Rights System
Introduction
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