A/HRC/25/31 Examples of such collective or group remedies drawn from different legal systems include, inter alia, class actions, collective amparo, public interest litigation, actio popularis and recognizing the standing of national human rights institutions, public defenders or equality bodies to represent groups. The Committee on the Rights of the Child has also stated that it might be mandatory to allow for collective complaints when “large numbers of children” suffer similar economic, social and cultural rights violations.22 The Special Rapporteur on extreme poverty and human rights has indicated that remedial mechanisms must allow for collective complaints,23 while the Special Rapporteur on the right to education has argued that groups must have a right of action for rights violations24 and that “legal standing should be given the broadest possible interpretation”.25 9. In some circumstances, an appropriate procedure available prior to the actual infringement of an economic, social or cultural right may be an important component of the right to a remedy. The Committee on Economic, Social and Cultural Rights has asserted that, in the case of the rights to social security, housing, and water, State action that could interfere with the enjoyment of the right must be preceded by an opportunity for genuine consultation with those affected, timely and full disclosure of information on the proposed measures, reasonable notice of proposed actions, legal recourse and remedies for those affected, and legal assistance for obtaining legal remedies.26 10. The Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health effectively concurred in this finding, adding that accountability can be prospective in nature, and requires that “at all times the State must be able to demonstrate and justify how it is discharging its obligations.”27 Potentially affected individuals must have access to information about the measures and be able to challenge their adequacy.28 11. The right to an effective remedy entails that the remedy must be capable of providing adequate reparations for the violation. The Committee on Economic, Social and Cultural Rights has clearly stated that all victims of violations of economic, social and cultural rights should be entitled to adequate reparation, including restitution, compensation, satisfaction or guarantees of non-repetition.29 Other treaty bodies have made similar findings, such as the Committee on the Rights of the Child, which recognized the need for a broad range of reparations for violations of the rights of the child, and specifically acknowledged such a right for violations of the right to health.30 The Special 22 23 24 25 26 27 28 29 30 6 CRC, general comment No. 16 (2013), para. 68; similarly, CRC, general comment No. 15 (2013), para. 119. A/HRC/14/31, para. 81. A/HRC/23/35, para. 22. Ibid., para. 82 (j); A/HRC/15/31/Add.1, para. 61. CESCR, general comment No. 19 (2008), para. 78; general comment No. 15 (2002), para. 56 (right to water); and general comment No. 7 (1998), para. 15 (right to housing and forced evictions). A/HRC/20/15, para. 50. Ibid., paras. 50–51. CESCR, 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), para. 32. See also CESCR, general comment No. 16 (2005), para. 21 (availability and accessibility of appropriate remedies, such as compensation, reparation, restitution, rehabilitation, guarantees of non-repetition, declarations, public apologies, educational programmes and prevention programmes); and general comment No. 20 (2009), para. 40 (discrimination). CRC, general comment No. 5 (2003), para. 24 (considering all rights of the child); general comment No. 15 (2013), para. 119 (right to health); and general comment No. 16 (2013), paras. 30–31 (harm caused by third parties); see also CRC/C/MMR/CO/3-4, 2012, paras. 21–22 and 86 (d).

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