A/HRC/25/31
B.
Expeditious proceedings
30.
States should ensure that remedies for economic, social and cultural rights violations
are able to provide an answer in a prompt and timely fashion.125 As the fulfilment of
economic, social and cultural rights is often linked to the livelihood of rights holders,
remedies require special diligence, celerity and expeditious decisions in order to be
effective.126 United Nations treaty bodies and experts have made extensive reference to this
requirement, stating that remedial proceedings must be timely, prompt and expeditious.127
Although there is no legal stipulation as to the appropriate length of any given
administrative proceeding or judicial process, the Committee on Economic, Social and
Cultural Rights made clear that proceedings should not result in “unwarranted delays” in
the preliminary stages of proceedings or in arriving at a final decision.128 The
reasonableness and adequacy of the length of the decision must take into account the
specific nature of the controversy and the specific needs of claimants, especially of those
whose are most in need of an expeditious response, such as children or migrant workers
facing deportation.129
31.
Specific issues arise in the context of migrant workers who might return to their
States of origin, voluntarily or otherwise, prior to the resolution of remedial proceedings for
economic, social and cultural rights violations.130 The Committee on Migrant Workers has
emphasized that States should design remedial proceedings so that victims are not barred by
the length of proceedings from filing and pursuing a complaint regarding violations of their
rights.131 As alluded to in paragraph 23 above, the Committee on the Elimination of
Discrimination against Women has indicated that the right to access justice may be affected
when, upon complaint, a migrant worker loses a work permit, making it financially difficult
“to remain in the country for the duration of the trial, if any.”132 In the case of migrants
returned to their country of origin, States may consider entering into bilateral agreements
that permit these migrants to have access to justice in the country of employment.133
C.
Reasonably simple and inexpensive proceedings
32.
Administrative and judicial remedies must be designed based on a principle of
equity and affordability. As a consequence, the Committee on Economic, Social and
Cultural Rights has determined that remedies must not be “unreasonably costly”.134 If any
125
126
127
128
129
130
131
132
133
134
CESCR, general comment No. 17 (2005), para. 18 (c) and general comment No. 20 (2009), para. 40
(discrimination); CRC, general comment No. 16 (2013), para. 30.
CESCR, general comment No. 9 (1998), para. 9 and general comment No. 17 (2005), para. 18 (c);
CRC, general comment No. 16 (2013), para. 31. See also European Court of Human Rights, applying
the guarantee of reasonable length of judicial procedures to economic and social rights: Deumeland v.
Germany, 29 May 1986; Obermeier v. Austria, 28 June 1990; Vocaturo v. Italy, 24 May 1991; Lestini
v. Italy, 26 February 1992; Ruotolo v. Italy, 27 February 1992; X v. France, 31 March 1992; Salesi v.
Italy, 26 February 1993; Schouten and Meldrum v. the Netherlands, 9 December 1994; Mosca v.
Italy, 2 February 2000; Mennitto v. Italy, 5 October 2000; Delgado v. France, 14 November 2000.
CESCR, general comment No. 9 (1998), para. 9; CMW/C/GTM/CO/1, 2011, para. 21; CRC, general
comment No. 16 (2013), para. 30; A/HRC/15/31/Add.1, para. 54.
CESCR, general comment No. 17 (2005), para. 52.
CMW/C/GTM/CO/1, 2011, para. 21; CRC, general comment No. 16 (2013), para. 30.
CMW, general comment No. 1 (2010), para. 17.
Ibid., paras. 49–50.
CEDAW, general recommendation No. 26 (2008), para. 21.
CMW, general comment No. 1 (2010), para. 50.
CESCR, general comment No. 17 (2005), para. 52.
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