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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