A/HRC/8/4 page 20 this context for judicial officials can not only through their judgements, stimulate public policies favouring the groups concerned but also provide the means to guarantee the implementation of those policies.55 47. The inter-American system56 has established the following standards and principles that should guide the judicial protection of economic, social and cultural rights: (a) States’ obligations to remove economic and financial obstacles in order to guarantee access to the courts. The criteria for granting free legal aid include the resources available to those affected, the complexity of the case (for example, constitutional challenges) and the importance of the rights affected; (b) The applicability of the rules of due process to administrative proceedings relating to these rights. Judicial remedies to review administrative decisions must be not only prompt and effective but also inexpensive or affordable. Components of due process in this area include the principle of equality of arms, in view of the glaring inequality usually found between the parties in this type of litigation (workers and employers; beneficiaries and providing State), as well as other guarantees in addition to those prescribed in international instruments, in order to correct or compensate for any real disadvantages with regard to a fair trial, the principle of equality before the law or the prohibition of discrimination; (c) The right to a reasoned decision on the merits of the matter, within a reasonable time, and the criteria for determining what is reasonable, i.e., the complexity of the matter, the judicial activity of the interested party, the behaviour of the judicial authorities, the purpose of the proceeding and the nature of the rights at issue. Moreover, the time should be counted from the start of the administrative proceedings and not when the case reaches the judicial stage, and should include judgement enforcement proceedings; (d) The components of the right to effective judicial protection for this category of rights, in both their individual and their collective dimension. Without prejudice to a more prolonged analysis of the merits of a case, provision should be made for procedural measures that allow for immediate - and even precautionary or preventive - protection of social rights. These measures should consist of remedies that are simple, urgent, informal, accessible, with low evidentiary requirements and which are processed by independent bodies as individual or collective actions (which implies a broad, active legitimacy); (e) The right to effective judicial protection. This requires compliance with court decisions, whether precautionary or final, since execution of such decisions is an integral part of this right. This is particularly important given that it is generally State entities that are responsible for enforcing judgements, and they usually enjoy procedural privileges, such as 55 V. Abramovich, “Acceso a justicia y nuevas formas de participación en la esfera pública”, Acceso a la justicia como garantía de igualdad, Buenos Aires: Ed. Biblos, 2006, p. 66. 56 Estudio sobre el acceso a la justicia como garantía de los derechos económicos, sociales y culturales, OEA/Ser.L/II. 129, Doc. 4 de septiembre de 2007.

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