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

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V<br />

WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 331<br />

concerned with a two-thirds majority vote. 880 The ESCR report<br />

will be published immediately after the Committee of Minister’s<br />

adoption of a resolution, or, in any case, not later than four<br />

months after its transmission <strong>to</strong> the Committee. 881<br />

4. Inter-American Commission on Human Rights<br />

The exact nature of the procedure for consideration of the<br />

petition/communication depends on whether the<br />

petition/communication is based upon an alleged violation of<br />

the American Convention on Human Rights or the American<br />

Declaration on the Rights and Duties of Man.<br />

a) Petitions referring <strong>to</strong> the American Convention on<br />

Human Rights<br />

Prepara<strong>to</strong>ry Stage: The Executive Secretariat of the<br />

Commission undertakes an initial processing of petitions lodged<br />

before the Commission. If a petition or communication does not<br />

meet the requirements set out in Article 28 Rules of Procedure<br />

(formal requirements of the application), the Executive<br />

Secretariat may request that the petitioner or his or her<br />

representative satisfy those requirements that have not been<br />

fulfilled. In particular cases, the Commission has also the power<br />

<strong>to</strong> expedite the examination of the petition or<br />

communication. 882<br />

Admissibility Procedure: The Executive Secretariat of the<br />

Commission forwards the relevant parts of the petition <strong>to</strong> the<br />

State in question with a request for information within three<br />

months. Prior <strong>to</strong> deciding upon the admissibility of the petition,<br />

the Commission may invite the parties <strong>to</strong> submit additional<br />

observations, either in writing or in a hearing. Once the<br />

observations have been received or the period set has elapsed<br />

880<br />

Article 9, ibid.<br />

881<br />

Article 8.2, ibid.<br />

882<br />

See, Articles 26, 27, 29, IACHR Rules of Procedure.

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