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The Legal Capacity Of The Individual As Subject Of International Law

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Chapter Summary

The right of individual petition, whereby to the individual is secured the direct access to justice at international level, is a definitive achievement of the International Law of Human Rights. Each of the procedures which regulate the right of individual petition under international treaties and instruments of human rights, despite differences in their legal nature, has contributed, in its own respective way, to the gradual strengthening of the procedural capacity of the complainant at international level. Solid arguments militate in favour of the recognition of the locus standi in judicio, and of the jus standi of the alleged victims in the proceedings before international human rights tribunals in cases already referred to them. The right of access of individuals to justice, set forth expressly in certain provisions of international human rights treaties, and implicit in several others of their provisions, means, lato sensu, the right to obtain justice.

Keywords: jus standi; international human rights tribunals; International Law; lato sensu; locus standi



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