A/HRC/25/31 Rapporteur on the right to education have determined that national law must establish domestic remedies to address alleged violations of those rights.44 14. The legal framework establishing domestic remedies should consider allowing the application of international human rights norms in remedial proceedings, as well as any applicable domestic constitutional or legislative provisions that give legal status to international human rights norms.45 The Committee on Economic, Social and Cultural Rights has repeatedly asserted that the incorporation in the domestic legal order of international instruments recognizing rights “can significantly enhance the scope and effectiveness of remedial measures and should be encouraged.”46 The domestic application of treaty provisions should also involve States taking effective measures to increase awareness of human rights norms among the judiciary, and ensuring that judicial training takes full account of the justiciability of internationally recognized human rights.47 15. The United Nations human rights system has recognized the usefulness of the direct incorporation of human rights treaties into domestic legal systems.48 In the case of any conflict with domestic legislation, United Nations treaty bodies and special procedures mandate holders have emphasized that precedence should be accorded to human rights instruments.49 The issue of incorporation also arises regarding the domestic effect of nonself-executing treaties. The Committee on Economic, Social and Cultural Rights has maintained that States should avoid a priori assumptions that human rights treaties are not self-executing.50 In fact, both the Committee on Economic, Social and Cultural and the Special Rapporteur on the right to education have made reference to various treaty norms that courts and other domestic adjudication mechanisms should consider to be selfexecuting.51 V. Barriers to access to justice for violations of economic, social and cultural rights 16. For a remedial mechanism to constitute an effective remedy for an economic, social and cultural rights violation, it must be “accessible to everyone without discrimination.”52 The Committee on Economic, Social and Cultural Rights has stressed the need for effective access to justice for economic, social and cultural rights violations.53 Similarly, the Committee on Migrant Workers has repeatedly expressed concern that migrant workers 44 45 46 47 48 49 50 51 52 53 8 A/HRC/23/35 para. 22; A/63/275, para. 69. A/HRC/17/29 and Corr.1, para. 65. See also E/C.12/CMR/CO/2-3, 2011, para. 7. CESCR, general comment No. 19 (2008), para. 79; general comment No. 18 (2005), para. 49; general comment No. 15 (2002), para. 57; general comment No. 14 (2000), para. 60; general comment No. 12 (1999), para. 33. E/C.12/KAZ/CO/1, 2010, para. 7. CESCR, general comment No. 9 (1998), para. 8: “While the Covenant does not formally oblige States to incorporate its provisions in domestic law, such an approach is desirable. Direct incorporation avoids problems that might arise in the translation of treaty obligations into national law, and provides a basis for the direct invocation of the Covenant rights by individuals in national courts.” CRC general comment No. 6 (2005), para. 14; A/HRC/23/35, para. 21. CESCR, general comment No. 9 (1998), para. 11. E/C.12/NLD/CO/4-5, 2010, para. 6; A/HRC/23/35, para. 23. CESCR, general comment No. 20 (2009), para. 40. CESCR, general comment No. 17 (2005), para. 18 (b); general comment No. 20 (2009), para. 40; E/C.12/TUR/CO/1, 2011, para. 18 (b).