A/HRC/25/31 6. The legal protection of the right to a remedy for violations of economic, social and cultural rights has recently been strengthened by the adoption and recent entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which allows the Committee on Economic, Social and Cultural Rights to consider communications alleging violations of the rights enshrined in the Covenant. The entry into force of the Optional Protocol provides an international remedial mechanism which will reinforce the justiciability of all economic, social and cultural rights.15 Many United Nations experts, including special procedures mandate holders, have since affirmed their interpretation of the Optional Protocol as a clear expression of the fact that the fulfilment of economic, social and cultural rights is not a matter of charity but one of legal obligation.16 III. The character of effective domestic remedies 7. The right to an effective remedy for economic, social and cultural rights violations may, in principle, be satisfied either by a judicial remedy or by administrative remedies subject to judicial appeal when appropriate.17 Several treaty bodies and special procedures mandate holders have also indicated that administrative remedies may be sufficient if subject to judicial review. Although the Committee on Economic, Social and Cultural Rights has stated that either form of remedy may be sufficient, it has emphasized that “whenever a Covenant right cannot be made fully effective without some role for the judiciary, judicial remedies are necessary”, and that an effective judicial remedy is considered an appropriate, and perhaps even necessary, means of realizing economic, social and cultural rights, since other means “could be rendered ineffective if they are not reinforced or complemented by judicial remedies.”18 Moreover, even when an administrative remedy is permissible, it is typically essential that there be a judicial appeal available for review of the administrative resolution of the issue.19 To justify the failure to provide any judicial recourse, a State would need to show that such recourse was neither an appropriate means for realizing economic, social and cultural rights nor necessary for that purpose, which, according to the Committee, would be difficult to demonstrate.20 8. As failure to comply with State obligations in the field of economic, social and cultural rights often affects groups of rights holders in a similar situation, allowing for collective or group remedies is, in many cases, indispensable for the realization of the right to an effective remedy. The Committee on Economic, Social and Cultural Rights has repeatedly recognized that groups that have suffered violations of their economic, social and cultural rights must have access to a remedy, whether judicial or administrative.21 15 16 17 18 19 20 21 Optional Protocol, art. 1. Statement entitled “ ‘Economic, social and cultural rights: legal entitlements rather than charity’ say UN human rights experts”, signed by special procedures mandate holders, 10 December 2008. Available from www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=9216&LangID=E. Committee on Economic, Social and Cultural Rights (CESCR), general comment No. 9 (1998), para. 9, general comment No. 3 (1990), para. 5, general comment No. 16 (2005), para. 38, and general comment No. 17 (2005), para. 18 (a); E/C.12/NPL/CO/2 (2007), para. 32. CESCR, general comment No. 9 (1998), paras. 3 and 9. Ibid., paras. 3 and 9. Ibid., para. 3; CESCR, general comment No. 3 (1990), para. 5. CESCR, general comment No. 4 (1991), para. 17 (right to housing); general comment No. 9 (1998), para. 2; general comment No. 19 (2008), para. 77 (right to social security); general comment No. 18 (2005), para. 48 (right to work); general comment No. 15 (2002), para. 55 (right to water); general comment No. 14 (2000), para. 59 (right to health); general comment No. 12 (1999) (right to adequate food), para. 32. See also A/HRC/7/21, para. 30. 5