A/HRC/23/35 predominance should always be given to international obligations, in the light of article 27 of the Vienna Convention on the Law of Treaties. ” 19 22. Domestic law should set out “entitlements” in sufficient detail to enable remedies for non-compliance to be effective. 20 National laws on the right to education should create a “right of action” for individuals or groups who consider that their right to education is not being fully realized, 21 and provide for “judicial remedies”. 22 23. The right to education as provided for in article 13(2)(a), 1 3(3) and 13(4) of the International Covenant on Economic, Social and Cultural Rights, along with a number of other provisions, would seem to be capable of immediate application by judicial and other organs in many national legal systems. Any suggestion tha t the provisions indicated are inherently non-self-executing would seem to be difficult to sustain. 23 24. “For rights to have meaning, effective remedies must be available to redress violations.” 24 These should include “access to independent complaints procedures and to the courts with necessary legal and other assistance.” 25 Where rights are found to have been breached, there should be appropriate reparation, including compensation. V. Justiciability of the right to education in national legal systems 25. The right to education is enshrined in the constitution s of a large number of countries – it is one of the most universally recognized rights in national constitutions in the world today. A study of national constitutions found that 90 per cent of constitutions in the world contain a provision on the right to education. Of those constitutions that contain education provisions, 56 per cent require that education be compulsory up to a certain level. Additionally, 65 per cent of these constitutions stipulate that education should be free up to a certain level. 26 Moreover, national legislation on education exists in most States. 26. Thus, justiciability of right to education also has its bases in national legal systems which provide “grounds” for the “right of action”, mentioned above. An example is the Constitution of South Africa, which provides in section 38 (Enforcement of rights) that “Anyone listed in this section has the right to approach a competent court, alleging that a right in the Bill of Rights has b een infringed or threatened, and the court may grant appropriate relief, including a declaration of 19 20 21 22 23 24 25 26 8 governments to legislate within the framework of the Convention and to ensure effective implementation. Ibid. Ibid., para. 25 General comment 3 “The nature of States parties obligations” (art. 2, par.1): CESCR fifth session (1990) para. 6. Ibid., para. 5. Ibid., para. 5. General Comment No. 5, op. cit., para. 24. Ibid. Comparative Constitutions Project, directed by Professors Zachary Elkins, University of Texas, Tom Ginsburg, University of Chicago, and James Melton, IMT Institute for Advanced Studies, available at http://www.comparativeconstitutionsproject.org.