A/HRC/25/31 fee or other direct or indirect cost is introduced, it should be guided by a principle of equity.135 Moreover, the Committee has highlighted the State’s obligation to provide legal recourse that is not “unreasonably complicated”.136 The right to reasonably simple proceedings especially benefits those who have been historically discriminated against or those who are in particular circumstances of vulnerability. In that sense, United Nations experts have called upon States to avoid proceedings that are complex, overly legalistic or employ legal jargon or use languages that make it difficult for disadvantaged people to understand the proceedings and its consequences and interfere with their ability to demand the fulfilment of their rights.137 D. Fair opportunity to prove the violation 33. Remedial proceedings must ensure that the victim of an economic, social or cultural rights violation has a fair opportunity to prove his or her claim. In considering the principle of equality of arms, United Nations experts have signaled the importance of not presuming conditions of equality between the parties in a dispute when practice and experience have shown otherwise. The Committee on Economic, Social and Cultural Rights has stressed the need to include measures to balance inequalities between parties, including provision for shifting the burden of proof. The Committee has stated, in that regard, that “where the facts and events at issue lie wholly, or in part, within the exclusive knowledge of the authorities or other respondent, the burden of proof should be regarded as resting on the authorities, or the other respondent, respectively.”138 E. Reasoned decision on the merits 34. To make administrative and judicial remedial mechanisms effective, the final decision must include the reasons on which it is based and indicate any applicable reparations. For the Committee on Economic, Social and Cultural Rights, effectively addressing economic, social and cultural rights violations entails the opportunity of arriving at a final decision on the merits of the case.139 This resolution should include a reasoned basis for the decision, that is, an explanation of the decision on the merits of the legal claim on which the complaint is founded. Another crucial aspect of the content of the decision, when a breach of a right has been found, is the determination of the reparations that are to be provided and effectively implemented. As previously indicated, the right to an effective remedy requires that the remedy must be capable of providing adequate reparations for the rights violation.140 F. Effective enforcement of the decision 35. Finally, States have also an obligation to take steps in order to ensure that decisions will be enforced or implemented. The purpose of any remedial proceeding is to give effect 135 136 137 138 139 140 16 Ibid., para. 18 (b) (ii). Ibid., para. 52. See, for example, A/67/278, paras. 70–72 and 75–78. CESCR, general comment No. 20 (2009), para. 40. See also E/C.12/HUN/CO/3, 2008, para. 8; E/C.12/1/Add.86, 2003, para. 10. E/C.12/PHL/CO/4, 2008, para. 12; E/C.12/KHM/CO/1, 2009, para. 12. CESCR, general comment No. 19 (2008), para. 77; general comment No. 18 (2005), para. 48; general comment No. 15 (2002), para. 55; general comment No. 14 (2000), para. 59; general comment No. 12 (1999), para. 32.