A/HRC/25/31
considered justiciable”.3 Since then, the Committee has consistently affirmed that
appropriate means of redress, or remedies, must be available to any aggrieved individual or
group,4 and that, as a measure to ensure the implementation of the Covenant at the national
level, any persons or groups who have experienced violations of their economic, social and
cultural rights should have access to effective judicial or other appropriate remedies at both
national and international levels.5
4.
Other treaty bodies have reached similar conclusions. Both the Committee on the
Elimination of Discrimination against Women and the Committee on the Protection of the
Rights of All Migrant Workers and Members of Their Families have determined that
migrant workers, and specifically women migrant workers, must have access to remedies
for rights violations that occur in the workplace.6 The Committee on the Rights of the Child
has urged States parties, among other things, to take all necessary measures to abolish all
forms of child labour and to regulate the working environment and conditions for working
adolescents so as to ensure that they are fully protected and have access to legal redress
mechanisms.7
5.
Special procedures mandate holders and subsidiary bodies of the Human Rights
Council have emphatically affirmed the right to a remedy. The Special Rapporteur on extreme
poverty and human rights has called on States to establish effective, affordable and accessible
procedures, including non-formal dispute resolution mechanisms, in accordance with human
rights standards, to support persons living in poverty seeking justice, taking into account the
specific barriers that they face gaining access to justice.8 According to the Special Rapporteur
on the right to food, justiciability is essential to the realization of the right to food.9 Similarly,
the Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic
and dangerous products and wastes on the enjoyment of human rights noted with approval the
view of the Committee on Economic, Social and Cultural Rights that the victims of violations
of the right to health should have access to effective judicial or other appropriate remedies at
both the national and international levels.10 Other United Nations experts have held that an
effective legal remedy ensures that the right will be viewed as an entitlement and not an act of
charity,11 corrects for local power imbalances,12 facilitates accountability,13 and allows for the
development of specific jurisprudence.14
3
4
5
6
7
8
9
10
11
12
13
14
4
General comment No. 3 (1990), para. 5.
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 (for right to health); general comment No. 12 (1999), para. 32 (right to
adequate food). See also the State Party Reporting Guidelines for Economic, Social and Cultural
Rights in the African Charter on Human and Peoples’ Rights, which recommend that States report on
the “judicial and other appropriate remedies in place enabling victims to obtain redress in cases where
their rights have been violated” (para. 2 (d)).
Committee on the Elimination of Discrimination against Women (CEDAW), general
recommendation No. 26 (2008), para. 26 (c); Committee on the Protection of the Rights of All
Migrant Workers and Members of Their Families (CMW), general comment No. 1 (2010), para. 49.
Committee on the Rights of the Child (CRC), general comment No. 4 (2003), para. 18; CRC, general
comment No. 16 (2013), para. 30.
A/HRC/21/39, para. 68 (a); A/67/278, paras. 51–56 and 60–67.
See A/HRC/7/5, para. 66.
A/HRC/7/21, para. 30.
A/HRC/14/31, para. 80.
Ibid., para. 81.
See A/HRC/15/31/Add.1, para. 61.
E/CN.4/2002/58, paras. 49 and 51.
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