Wednesday, August 1, 2018

Which human rights system allows actio popularis application?


Actio pupolaris presents in itself a collective complaint procedure. It is possible to be done under European Social Charter through the Committee of Social Rights as well as under Inter-American and African regional human rights systems.
Under the European Social Charter, because of their collective nature, complaints may only raise questions concerning non-compliance of a State’s law or practice with one of the provisions of the Charter. Individual situations may not be submitted. In the light of this, complaints may be lodged without domestic remedies having been exhausted and without the claimant organisation necessarily being a victim of the relevant violation.

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