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

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 295
For the Inter-American Court of Human Rights only a State
Party and the Inter-American Commission have the right to
submit a case to the Court. 731 However, in cases before the
Court, alleged victims, their next of kin or their duly accredited
representatives are allowed to participate in the proceedings by
submitting pleadings, motions and evidence, autonomously,
throughout the proceedings. They may also request the
adoption of provisional measures. 732
The African Court on Human and Peoples’ Rights accepts
only cases submitted to the Court by the Commission, the
State Party which has lodged a complaint to the Commission,
the State Party against which the complaint has been lodged at
the Commission, the State Party whose citizen is a victim of
human rights violation, and by African Intergovernmental
Organisations. The Court may entitle relevant NGOs with
observer status before the Commission, and individuals to
institute the cases directly before it. 733 NGOs will therefore
need to have previous approval by the African Commission,
while individuals will have to ask the permission of the Court,
most probably on a case-by-case basis. The Interim Rules of
Procedures do not say that the Court “may entitle”, but that
these last two kind of applicants “are entitled” to submit cases
to the Court, suggesting that, in its work, the Court will not
unfavourably exercise discretion on granting locus standi to
731
Article 61.1 ACHR.
732
See, Article 27, Rules of Procedure of the Inter-American Court of
Human Rights, approved by the Court during its LXXXV Regular Period
of Sessions, held from 16 to 28 November 2009 (IACtHR Rules of
Procedure).
733
Article 5, P-ACHPR on African Court.