A/HRC/25/31 effectively, impartially and independently.115 Judicial remedies regarding economic, social and cultural rights violations must, inter alia, be accessible, affordable, and equitable. The remainder of this section will discuss the characteristics that both administrative and judicial mechanisms must have in order to fulfil the right to due process for victims of economic, social and cultural rights violations, in the terms set forth by United Nations treaty bodies and experts. A. Competence, independence, transparency and accountability 27. As recalled by the Committee on Economic, Social and Cultural Rights, remedial proceedings for economic, social and cultural rights violations require competent and independent administrative and judicial bodies.116 One way to assure the competence of those in charge of adjudicating complaints is by providing training on international legal standards regarding economic, social and cultural rights. The Committee on Migrant Workers and other treaty bodies has emphasized the importance of providing training on the human rights treaties to the officials involved in the protection of rights, “particularly public prosecutors, judges, magistrates and personnel involved in the administration of justice.”117 States have also been requested to ensure that the training is provided on a permanent and continuous basis.118 28. Adjudication mechanisms, whether judicial or administrative, must also be independent. The Special Rapporteur on the right to education has noted that the very purpose of adjudicating alleged violations of that right is “to have a credible, independent body monitoring the legal compliance of State actors in the field of education.”119 Independence of adjudicatory bodies cannot be limited to formal legal or constitutional requirements but also must include guarantees to ensure the de facto independence of officials, judges and magistrates.120 Various special rapporteurs have stated that independence requires proper financing, as well as adequate human resources allocations to and institutional structure of the adjudicative bodies.121 29. Finally, courts and other remedial mechanisms for economic, social and cultural rights violations must be transparent and accountable. The Committee on Economic, Social and Cultural Rights has emphasized that, because the realization of rights requires good governance, the courts and administrative bodies responsible for providing remedies for rights violations must be both transparent and accountable.122 In this regard, both United Nations treaty bodies and experts have emphasized the State duty to combat corruption among officials responding to economic, social and cultural rights violations.123 The Committee on Migrant Workers has underscored that States must take a proactive role in eliminating corruption, including by investigating and sanctioning those involved.124 115 116 117 118 119 120 121 122 123 124 14 CESCR, general comment No. 20, para. 40, and general comment No. 15 (2002), para. 49. CESCR, general comment No. 17 (2005), paras. 18 (c) and 51. CMW/C/MEX/CO/2, 2011, para. 22. See also CMW/C/DZA/CO/1, 2010, para. 15 (a); CMW/C/ECU/CO/1, 2007, para. 9; E/C.12/IND/CO/5, 2008, para. 53. CMW/C/MEX/CO/2, 2011, para. 22. A/HRC/23/35 para. 82 (e). E/C.12/1/Add.20, 1997, para. 15. A/67/278, paras. 41–42; A/HRC/15/31/Add.1, para. 53. CESCR, general comment No. 15 (2002), para. 49. E/C.12/KHM/CO/1, 2009, para. 14; CMW/C/MEX/CO/2, 2011, para. 27. CMW/C/MEX/CO/2, 2011, para. 28.

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