LCP4807 Assignment 2 (COMPLETE ANSWERS)
Semester 1 2026 International Human Rights Law
LEGAL OPINION: EXHAUSTION OF DOMESTIC REMEDIES IN INTERNATIONAL HUMAN
RIGHTS LAW
TO: Disability Advocacy Alliance (DAA)
FROM: International Human Rights Law Expert
DATE: [Current Date]
SUBJECT: Legal Opinion on Admissibility of Class Action before the African Committee of
Experts on the Rights and Welfare of the Child (ACERWC)
1. EXECUTIVE SUMMARY
This legal opinion addresses three core questions concerning the proposed class action by the
Disability Advocacy Alliance (DAA) on behalf of children with disabilities in Kangala regarding
access to education. The opinion analyses:
1. Whether DAA can take this case directly to the African Committee of Experts on the Rights
and Welfare of the Child (ACERWC) without first exhausting domestic remedies in Kangala;
2. Whether the exhaustion of domestic remedies requirement is flexible or inflexible in
international human rights law; and
3. Under what circumstances an applicant may be exempted from the requirement to exhaust
domestic remedies.
2. BACKGROUND
The Republic of Kangala is a West African country where children with disabilities face
significant barriers to accessing education. The Constitutional Court of Kangala has previously
dismissed similar cases on grounds of "resource constraints." DAA seeks to bring a class action
directly before the ACERWC, arguing that further domestic litigation would be futile given the
Constitutional Court's consistent position.
, 3. LEGAL OPINION
3.1 Can DAA take this case directly to the ACERWC?
Answer: No, not directly—but there are important nuances to consider.
3.1.1 Locus Standi Before ACERWC
The African Committee of Experts on the Rights and Welfare of the Child (ACERWC) is
established under the African Charter on the Rights and Welfare of the Child (ACRWC),
adopted in 1990 and entering into force in 1999. Article 44 of the ACRWC governs
communications to the Committee.
The communication procedure before ACERWC differs from that of the African Commission on
Human and Peoples' Rights in several respects:
| Aspect | African Commission | ACERWC |
||||
| Locus standi | NGOs and individuals may submit communications | NGOs and individuals may
submit communications |
| Exhaustion requirement | Article 56(5) requires exhaustion of local remedies | Similar
requirement exists |
| Exception | Where procedure would be unduly prolonged | Where domestic remedies are
ineffective or unavailable |
Key Principle: While DAA may have standing to bring a communication before ACERWC, the
procedural requirement of exhaustion of domestic remedies generally applies. The Committee
has consistently held that applicants must first pursue available and effective domestic remedies
before approaching the international body.
3.1.2 The Exhaustion Requirement Under the ACRWC
Article 44 of the ACRWC, read together with the Committee's Rules of Procedure, requires that:
> "Communications shall be examined by the Committee taking into account... that local
remedies have been exhausted, unless it is obvious that this procedure would be unduly
prolonged."
This mirrors the approach taken by other international human rights bodies, including the
African Commission on Human and Peoples' Rights (Article 56(5) of the African Charter), the
Semester 1 2026 International Human Rights Law
LEGAL OPINION: EXHAUSTION OF DOMESTIC REMEDIES IN INTERNATIONAL HUMAN
RIGHTS LAW
TO: Disability Advocacy Alliance (DAA)
FROM: International Human Rights Law Expert
DATE: [Current Date]
SUBJECT: Legal Opinion on Admissibility of Class Action before the African Committee of
Experts on the Rights and Welfare of the Child (ACERWC)
1. EXECUTIVE SUMMARY
This legal opinion addresses three core questions concerning the proposed class action by the
Disability Advocacy Alliance (DAA) on behalf of children with disabilities in Kangala regarding
access to education. The opinion analyses:
1. Whether DAA can take this case directly to the African Committee of Experts on the Rights
and Welfare of the Child (ACERWC) without first exhausting domestic remedies in Kangala;
2. Whether the exhaustion of domestic remedies requirement is flexible or inflexible in
international human rights law; and
3. Under what circumstances an applicant may be exempted from the requirement to exhaust
domestic remedies.
2. BACKGROUND
The Republic of Kangala is a West African country where children with disabilities face
significant barriers to accessing education. The Constitutional Court of Kangala has previously
dismissed similar cases on grounds of "resource constraints." DAA seeks to bring a class action
directly before the ACERWC, arguing that further domestic litigation would be futile given the
Constitutional Court's consistent position.
, 3. LEGAL OPINION
3.1 Can DAA take this case directly to the ACERWC?
Answer: No, not directly—but there are important nuances to consider.
3.1.1 Locus Standi Before ACERWC
The African Committee of Experts on the Rights and Welfare of the Child (ACERWC) is
established under the African Charter on the Rights and Welfare of the Child (ACRWC),
adopted in 1990 and entering into force in 1999. Article 44 of the ACRWC governs
communications to the Committee.
The communication procedure before ACERWC differs from that of the African Commission on
Human and Peoples' Rights in several respects:
| Aspect | African Commission | ACERWC |
||||
| Locus standi | NGOs and individuals may submit communications | NGOs and individuals may
submit communications |
| Exhaustion requirement | Article 56(5) requires exhaustion of local remedies | Similar
requirement exists |
| Exception | Where procedure would be unduly prolonged | Where domestic remedies are
ineffective or unavailable |
Key Principle: While DAA may have standing to bring a communication before ACERWC, the
procedural requirement of exhaustion of domestic remedies generally applies. The Committee
has consistently held that applicants must first pursue available and effective domestic remedies
before approaching the international body.
3.1.2 The Exhaustion Requirement Under the ACRWC
Article 44 of the ACRWC, read together with the Committee's Rules of Procedure, requires that:
> "Communications shall be examined by the Committee taking into account... that local
remedies have been exhausted, unless it is obvious that this procedure would be unduly
prolonged."
This mirrors the approach taken by other international human rights bodies, including the
African Commission on Human and Peoples' Rights (Article 56(5) of the African Charter), the
