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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