(Quasi) courts and issues of standing of individuals

Vera Shikhelman

Chapter 18 in Research Handbook on Accountability for Human Rights Violations, 2025, pp 319-333 from Edward Elgar Publishing

Abstract: This chapter discusses standing before two sorts of institutions – the regional human rights systems (which include both courts and quasi-judicial institutions), as well as United Nations Treaty Bodies (which are quasi-judicial institutions). As for the regional human rights systems, there are currently three major regional courts – the European system, the Inter-American system, and the African system. The power of individual standing before those institutions differs. While the European Court allows individuals direct standing before it, the Inter-American Court allows only the Commission to bring cases before it (and individuals themselves are allowed to bring their cases only before the Commission). The African Court is somewhere in between, since it is allowed to accept cases from individuals only if the state has deposited a relevant declaration. The second group is the United Nations Treaty Bodies that have quasi-judicial functions which states may grant them by joining an optional protocol or by issuing a special declaration. There are some major questions regarding standing concerning those institutions that this chapter attempts to answer – the standing of natural persons versus the standing of other legal entities, the different definitions of a victim, and whether only the victims themselves have standing.

Keywords: Standing; Indirect standing; International courts; International quasi-courts; Victims; Legal entities (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035306923
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