A/HRC/7/21
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which is essential for realizing other human rights and forms an inseparable and inherent part of
human dignity.10 The right to work plays an important role in the survival of the individual as
well as that of his or her family.
E. Right to remedy
30. Where there is a right, there is a remedy. 11 This principle is expressed in article 2,
paragraph 3 (a), of the International Covenant on Civil and Political Rights, which guarantees
victims of human rights violations an effective remedy. There are two aspects to the right to a
remedy: access to justice and substantive redress. They require the existence of independent and
impartial bodies with the capacity to afford redress after a hearing which respects due process
guarantees. More and more national administrative and judicial bodies throughout the world are
giving effect to the right to a remedy in cases of alleged violations of constitutional rights to a
sound environment, related in some cases to the right to life or to health. While the International
Covenant on Economic, Social and Cultural Rights has no provision comparable to
article 2 (3) of the International Covenant on Civil and Political Rights, it has been argued that
the rights it recognizes also require that remedies be available for victims of violations. The
Committee on Economic, Social and Cultural Rights has noted, for example, that any person or
group victim of a violation of the right to health should have access to effective judicial or other
appropriate remedies at both the national and international levels and should be entitled to
adequate reparation.12
IV. RIGHT TO INFORMATION AND PARTICIPATION
31. The Special Rapporteur has decided to focus the present report on the importance of the
right to information and participation in relation to his mandate. He continues to receive
information and communications with regard to the violation of the right to information in
environmental matters. Trends show that States, corporations and other private entities generally
do not share vital information about the potential effects of pollution and irreversible damage to
the environment until an incident has occurred. In such cases and when an incident has occurred,
the relevant authorities and/or actors are often reluctant to disclose information of vital
importance to the victims and their defence. Such information is either withheld, falsified,
10
Committee on Economic, Social and Cultural Rights, general comment No. 18 (The right to
work), ibid., 2006, Supplement No. 2 (E/2006/22), para. 1.
11
On the right to remedy, see also the Basic Principles and Guidelines on the Right to a
Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and
Serious Violations of International Humanitarian Law, adopted by the General Assembly in its
resolution 60/147.
12
Committee on Economic, Social and Cultural Rights, general comment No. 14, (The right to
the highest attainable standard of health) in Official Records of the Economic and Social
Council, 2001, Supplement No. 2 (E/2001/22), para. 59.
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