Who can take a case to the ECHR, AmCHR, AfricnCHR and on which conditions? What should be previously done and which requirements fulfilled?

Two types of application are provided for in the ECHR, individual applications (Article 34) and interstate applications (Article 33). Since the Court was established, most applications have been lodged by individuals who have brought their cases directly to the Court alleging one or more violations of the Convention. Cases can only be brought to the Court after domestic remedies have been exhausted; In this way the State itself is first given an opportunity to provide redress for the alleged violation ate national level. An applicant’s allegations must concern one of more of the rights defined in the Convention. The Court cannot examine complaints concerning violations of any other rights. Applicants must also be lodged with the Court within six months following the last judicial decision in the case, which will usually be a judgment by the highest court in the country concerned. The applicant must be, personally and directly, a victim of a violation of the Convention and must have suffered a significant disadvantage.

Inter-American Court of Human Rights is based on the ACHR of 1969, which came into force in 1978. Only the States parties to the American Convention who have accepted the Court’s contentious jurisdiction and the Commission may submit a case to the Inter-American Court. Individuals do not have direct recourse to the Inter-American Court; they must first submit their petition to the Commission and go through the procedure for cases before the Commission. The Commission may, when the conditions are met, refer cases to the Inter-American Court only with respect to those States that have ratified the American Convention and have previously recognized the contentious jurisdiction of the Court, unless a State accepts jurisdiction expressly for a specific case.

In June 1998, was adopted a Protocol to the African Charter on Human and Peoples’ rights on Establishment of an African Court on Human and People’s Rights. The Protocol entitled the following to submit cases to the Court: African commission on Human and Peoples’ Rights, The State Party which had 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, African Intergovernmental Organizations. Individuals and NGOs may bring cases only if the respondent state concerned has made a special declaration to that effect (Article 34.