A/HRC/25/31
Rapporteurs on the right to health,31 on the human right to safe drinking water and
sanitation,32 on extreme poverty and human rights,33 and on toxic waste34 have also stated
that the right to a remedy for violations of economic, social and cultural rights requires the
provision of reparations in appropriate circumstances. For its part, the African Commission
on Human and Peoples’ Rights has found that a local remedy which would constitute a bar
to proceedings for failure to exhaust local remedies must be available, effective and
sufficient.35
12.
Restitution requires restoring the circumstances that existed prior to the violation, to
the degree that it is possible.36 However, where it is impossible to restore the prior
circumstances, compensation must cover the costs that resulted from the rights violation.37
Affording the victims satisfaction for the rights violation involves making a formal
commitment to respect the right,38 an effort that is closely linked to providing guarantees of
non-repetition. Guarantees of non-repetition may include concrete reforms to law and
policy connected to the violation as well as the sanctioning of responsible actors.39 It is
important, in effecting reparation, to ensure differential attention to the special needs and
vulnerabilities of different categories of victims, such as children, who have distinct
capacities and developmental requirements.40 Differential attention may require providing
services, such as “medical and psychological assistance, legal support and measures of
rehabilitation”,41 in response to these special needs.
IV. Legal framework for domestic remedies
13.
In order to fulfil the right to a remedy, the general legal framework establishing the
national strategy for ensuring the enjoyment of economic, social or cultural rights must
provide for remedial mechanisms regarding violations. According the Committee on
Economic, Social and Cultural Rights, framework laws should establish “institutional
responsibility for the implementation of the right to health … and possible recourse
procedures.”42 Other treaty bodies and special procedures mandate holders have
emphasized the need to incorporate provisions in national laws concerning remedial
procedures. The Committee on Migrant Workers asserted that both monitoring mechanisms
and complaints procedures should be incorporated into the national legal framework.43 The
Special Rapporteur on adequate housing as a component of the right to an adequate
standard of living, and on the right to non-discrimination in this context, and the Special
31
32
33
34
35
36
37
38
39
40
41
42
43
A/HRC/20/15, para. 58.
A/HRC/12/24, para. 64; A/HRC/15/31, para. 60.
A/67/278, para. 8.
A/HRC/7/21, para. 30.
Sudan Human Rights Organisation & Centre on Housing Rights and Evictions (COHRE) v. Sudan,
279/03-296/05, para. 99.
A/HRC/20/15, para. 57.
Ibid., para. 58.
Ibid.
CRC, general comment No. 16 (2013), para. 31.
Ibid.
Ibid.
CESCR, general comment No. 14 (2000), para. 56. See also CESCR, general comment No. 12
(1999), para. 29 (equivalent statement on the right to food); general comment No.°7 (1997), para. 15
(forced evictions); and general comment No. 4 (1991), para. 17 (the right to housing).
See CMW, general comment No. 1 (2010), para. 41.
7
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