A/HRC/12/22 page 18 50. The question of access to justice and remedies for violations of economic, social and cultural rights is critical. A proper judicial review and reparation for the victims of violations of economic, social and cultural rights is crucial to ensure the accountability of States in this respect. An independent judicial review of the counter-terrorism measures undertaken by States, including those affecting economic, social and cultural rights, serves to ascertain their proportionality, effectiveness and legitimacy. To be truly effective, the justiciability of human rights needs to be secured at the national, regional and international levels. 51. In this connection, it is important to recall general comment No. 9 (1998) of the Committee on Economic, Social and Cultural Rights on the domestic application of the Covenant which states that: “It is sometimes suggested that matters involving the allocation of resources should be left to the political authorities rather than the courts. While the respective competences of the various branches of government must be respected, it is appropriate to acknowledge that courts are generally already involved in a considerable range of matters which have important resource implications. The adoption of a rigid classification of economic, social and cultural rights which puts them, by definition, beyond the reach of the courts would thus be arbitrary and incompatible with the principle that the two sets of human rights are indivisible and interdependent. It would also drastically curtail the capacity of the courts to protect the rights of the most vulnerable and disadvantaged groups in society.”49 52. Additional challenges include the fact that even where economic, social and cultural rights are subject to judicial review, the decisions of courts are often not fully implemented. This may call for specific mechanisms to monitor compliance with judicial decisions. In addition, the length of judicial proceedings can be a significant problem. In this respect, national human rights institutions, such as the ombudsmen in the Latin American context, and an effective administrative complaints system could offer swifter responses to claims regarding access to social services and programmes. 53. In many cases when economic, social and cultural rights are violated in the context of countering terrorism, issues of compensation, reparation and restitution are not examined. The recent adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights50 is a major development for the justiciability of economic, social and cultural rights. Its approval closes a historic gap in the international human rights system. In addition to providing a voice to the victims of human rights violations,51 the Optional Protocol enhances victims’ capacity to seek justice for the violations of their economic, social and cultural rights after exhausting all domestic means of recourse.52 49 Paragraph 10. 50 Adopted by the General Assembly on 10 December 2008. 51 A/HRC/4/18, annex II, paras. 32 and 33. 52 See United Nations High Commissioner for Human Rights, press release, 10 December 2008.