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

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 313
the case until the reaching of a final decision. 800 The Inter-
American system allows for the Commission to issue
precautionary measures and to ask the Inter-American Court
for provisional measures even in cases of which the Court is not
yet seized. 801
4. The effective exercise of the right to petition
When a State hinders or prohibits the applicant from applying
to a competent international body in order to seek protection
for his or her rights, that State may be in violation of the
provision of the treaty which grants the applicant the right to
petition. 802
In treaty law, the European Convention on Human Rights
establishes that the “High Contracting Parties undertake not to
800
See, Rule 92, CCPR Rules of Procedure; Article 5.1 OP-ICESCR;
Rule 114, CAT Rules of Procedure; Rule 94.3, CERD Rules of
Procedure; Article 5.1 OP-CEDAW; Rule 63, CEDAW Rules of
Procedure; Article 6 OP-CRC-CP; Article 4 OP-CRPD; Article 31.4 CED;
Rule 39, ECtHR Rules of Procedure (the obligation to comply with
interim measures arises under Article 34 ECHR and also related to
obligations under Articles 1 and 46 ECHR); Article 25, IACHR Rules of
Procedure; Article 63.2 ACHR; Article 27, IACtHR Rules of Procedure;
Article 111, Rules of Procedures of the African Commission on Human
and Peoples’ Rights, adopted on the 6 th October 1995 (ACHPR Rules of
Procedure); Article 27.2, P-ACHPR on African Court; Article 51,
ACtHPR Rules of Procedure. Similar provisions are included in Article
35, ACJHR Statute.
801
See, Article 76, IACHR Rules of Procedure.
802
Articles 1 and 2 OP-ICCPR; Articles 1 and 2 OP-CEDAW; Article 14
ICERD; Articles 1 and 2 OP-ICESCR; Article 76 ICRMW; Article 34
ECHR; Article 44 ACHR. See, Alzery v. Sweden, CCPR, op. cit., fn. 364,
para. 11.11; Agiza v. Sweden, CAT, op. cit., fn. 332, para. 13.9;
Poleshchuk v. Russia, ECtHR, Application No. 60776/00, Judgment of 7
October 2004; Cotlet v. Romania, ECtHR, Application No. 38565/97,
Judgment of 3 June 2003; Akdivar and Others v. Turkey, ECtHR, op.
cit., fn. 937; Kurt v. Turkey, ECtHR, op. cit., fn. 724; and Ilascu and
Others v. Russia and Moldova, ECtHR, op. cit., fn. 406.