A/HRC/4/62 page 18 50. While acknowledging the constraints put on the justice system in a post-conflict situation, and its possible complicity in past abuses (whether through the facilitation of abuse or in its failure to provide redress), judicial protection remains key to the protection of economic, social and cultural rights.42 Even though national courts have traditionally focused more on civil and political rights, the judicial protection of certain economic, social and cultural rights is far from new - examples include workers’ rights or protection against discrimination. Relevant jurisprudence has burgeoned in the last decade, enforcing a wide range of economic, social and cultural rights, such as the rights to health, food, social security or adequate housing. This growing corpus of case law at national, regional and international levels on a full range of economic, social and cultural rights clearly demonstrates that these rights lend themselves to judicial scrutiny and enforcement.43 Moreover, judicial protection can be very effective and even have life-saving implications, such as in recent cases of court-mandated food distribution or access to essential medication. Therefore, programmes to strengthen national justice systems and institutions in the aftermath of conflict should pay equal attention to economic, social and cultural rights. The inclusion of particular protection for economic, social and cultural rights alongside civil and political rights throughout the legal and institutional foundations of post-conflict societies would exponentially increase the chances for the preservation of peace in the long term. IV. CONCLUSION 51. In considering and determining strategies for ensuring accountability and peace in conflict and post-conflict societies, it is important to keep in mind the indivisibility and interrelatedness of human rights. Civil, cultural, economic, political and social rights are too interdependent to be realized in isolation. While it may seem at first difficult to embark on a comprehensive strategy for protecting all rights, such an approach will pay off in the long term. Indeed, an exclusive preoccupation with civil and political rights violations and the failure to recognize the role of economic, social and cultural rights violations in triggering or fuelling conflict may make conflicts more pervasive than they would otherwise be. Similarly, post-conflict strategies to consolidate peace and maintain it in the long run should recognize the contribution that the realization of economic, social and cultural rights could make in this respect. 52. A comprehensive strategy for post-conflict settings should not wait for long-term development to protect and realize economic, social and cultural rights. Rather, these rights should be taken into consideration at each step of the way. While transitional justice mechanisms have started to address economic, social and cultural rights violations to some 42 See E/2006/86 and CESCR general comment No. 9 (1998) on the domestic application of the Covenant. 43 For summaries of national, regional and international cases on economic, social and cultural rights, see e.g. notes prepared by the Secretariat for the sessions of the open-ended working group on an optional protocol to ICESCR (E/CN.4/2004/WG.23/CRP.1, E/CN.4/2005/WG.23/CRP.1, E/CN.4/2006/WG.23/CRP.1).

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