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

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 293
representative of a putative victim of a violation of the Convention
by a State Party. It is not sufficient for an applicant to claim that
the mere existence of a law violates her rights under the
American Convention, it is necessary that the law has been
applied to her detriment.” 725
iii) Mechanisms for collective complaints: ECSR
The collective complaints system of the European Committee
on Social Rights does not provide for a right of individual
application. It does confer the standing to make a complaint on
certain organisations, namely:
International organisations of employers and trade
unions;
Other international non-governmental organisations
which have consultative status with the Council of
Europe and have been placed on a list established for
this purpose by the Governmental Committee;
Representative national organisations of employers and
trade unions within the jurisdiction of the Contracting
Party against which they have lodged a complaint;
National non-governmental organisations with
competence in the matters governed by the Charter,
which have been allowed by the Contracting State of
origin to lodge complaints against it. 726
iv) Individual and collective complaints: the ACHPR
Article 55 ACHPR does not place any restrictions on who can
submit cases to the African Commission on Human and
Peoples’ Rights. The Commission has interpreted this
provision as giving locus standi to victims and their families, as
well as NGOs and others acting on their behalf, even when they
725
Montoya González v. Costa Rica, IACHR, Case 11.553, Report No.
48/96, Admissibility Decision, 16 October 1996, para. 28.
726
Articles 1 and 2, AP-ESC.