The Convention
makes a distinction between two types of application: individual applications
lodged by any person, group of individuals, company or NGO having a complaint
about a violation of their rights, and inter-State applications brought by one
State against another. Since the Court was established, almost all applications
have been lodged by individuals who have brought their cases directly to the
Court alleging one or more violations of the Convention.
An individual
can submit his case only after exhaustion of domestic remedies: this means that
all relevant courts and internal complaint procedures in the national court
must have been used before applying
Anyone can
lodge a complaint with a committee against a State that satisfies these two
conditions (being a party to the treaty and having accepted the committee’s
competence to examine individual complaints), claiming that his or her rights
under the relevant treaty have been violated.
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