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Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

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292 PRACTITIONERS GUIDE No. 12<br />

because the violation is so massive that it is impossible <strong>to</strong><br />

obtain the authorisation of all the people affected. 721<br />

The European Court of Human Rights receives applications<br />

from various entities – individual persons, NGOs, or group of<br />

individuals – who claim <strong>to</strong> be a victim (either direct or indirect)<br />

of the alleged violation. 722 Applications cannot be anonymous,<br />

but the Court may grant leave <strong>to</strong> anonymity of the claim in its<br />

communication <strong>to</strong> other parties or the public, when the<br />

applicant has adduced sufficient reasons <strong>to</strong> justify this<br />

departure from the rule. 723<br />

As for the Inter-American Commission on Human Rights,<br />

any person or group of persons, or any non-governmental<br />

entity legally recognised in one or more Member States of the<br />

Organization of American States (OAS), may lodge petitions<br />

containing complaints of violation of this Convention by a<br />

State. 724 In practice, however, the IACHR frequently requests<br />

that the author of any complaint be either a victim or a relative<br />

of a victim or have a mandate <strong>to</strong> act by the victim or by a<br />

relative of the victim. The Commission has clearly stated that<br />

“[t]he applicant must claim <strong>to</strong> be a victim of a violation of the<br />

Convention, or must appear before the Commission as a<br />

721<br />

See, Rule 96(b), CCPR Rules of Procedure; Article 2 OP-ICESCR;<br />

Rule 91(b), CERD Rules of Procedure; and Article 2, OP-CEDAW. See<br />

also, Rule 68.1, CEDAW Rules of Procedure. See, Rule 13, CRC Rules<br />

of Procedure: “communications may be submitted on behalf of the<br />

alleged victim(s) without such express consent, provided that the<br />

author(s) can justify her/his/their action and the Committee deems it<br />

<strong>to</strong> be in the best interests of the child. If possible, the alleged<br />

victim(s) on whose behalf the communication is presented may be<br />

informed of the communication and her/his/their views shall be given<br />

due weight in accordance with her/his/their age and maturity”.<br />

722<br />

Article 34 ECHR.<br />

723<br />

Rule 47.4, Rules of the Court, ECtHR, 1 January 2014, Strasbourg<br />

(ECtHR Rules of Procedure). See for details of applications, the entire<br />

Rule 47.<br />

724<br />

Article 44 ACHR.

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