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.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents