A/HRC/32/31 not invoke such rights, a lack of resources and the absence of legal aid might make it impossible for many violations of economic and social rights to be litigated and potential applicants might be denied standing to sue. Even when cases get to court, the judiciary might not be independent, the judicial culture might not be amenable to scrutinizing the sort of issues raised by economic and social rights and the remedies available might be so weak as to deter such litigation. 46. Third, the literature does not pay much attention to the existence of implementing legislation designed to promote realization of a specific right as a human right, whether or not there is constitutional recognition. In countries like South Africa, there is very extensive legislation (such as the Water Services Act, 1997) designed to promote or implement economic and social rights and this often plays a key role in constitutional litigation. But in most other countries, such legislation seems to be rare, certainly outside of the education and health sectors. 47. Fourth, although some of the databases of economic and social rights case law around the world are impressive, the total number of cases is still rather limited. While individual cases have arisen in many jurisdictions, the reality is that in only a handful of jurisdictions have the courts generated a body of significant case law. Among the most notable of these are Colombia, India, Kenya, South Africa and state-level courts in the United States of America (in relation to the right to education). 48. Fifth, the implementation of positive judicial outcomes and the search for more creative remedies have been “an analytical and practical blind spot”.31 V. International monitoring of economic and social rights recognition, institutionalization and accountability 49. In monitoring civil and political rights, both the Human Rights Council and the treaty bodies have played a crucial role in encouraging States to focus on the recognition, institutionalization and accountability dimensions of those rights. It is much less clear, however, that they have played a comparable role in relation to economic and social rights. While the Council addresses economic and social rights in many different contexts, and especially through the work of its special procedures, perhaps the best indication of its approach can be gleaned from the universal periodic review process. In terms of the work of the treaty bodies, the most important in this context is the Committee on Economic, Social and Cultural Rights. The approach adopted with regard to recognition, institutionalization and accountability in each of these settings is examined briefly below. A. Universal periodic review 50. Because of its universality and its integrated approach to the human rights agenda, the universal periodic review process is an especially important indicator of governmental concerns and priorities. A thorough review of the operation of the process since its inception raises concern about both the quantity and quality of economic, social and cultural rights-related recommendations. Only one out of five recommendations adopted have been specifically concerned with economic, social and cultural rights. Only 11 per cent of the recommendations put forward by the regional group that have made, by far, the 31 16 César Rodríguez-Garavito and Diana Rodríguez-Franco, Radical Deprivation on Trial: The Impact of Judicial Activism on Socioeconomic Rights in the Global South (Cambridge, United Kingdom, Cambridge University Press, 2015), p. 8.

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