principle of non-discrimination or taking on the form of a freedom. The CESCR has also
rejected the idea that the provisions in the Covenant are not self-executing,45 as many of
these provisions have the requisite clarity and specificity to be executed by a court.46 At the
very least, the provisions of the Covenant should be used in the interpretation of domestic
law.47
Administrative remedies may also be an appropriate means of implementation in certain
cases. The CESCR has noted that “those living within the jurisdiction of a State party have a
legitimate expectation, based on the principle of good faith, that all administrative authorities
will take account of the requirements of the Covenant in their decision-making.”48
Administrative remedies should be accessible, affordable, timely and effective, and a right to
judicial appeal from administrative decisions should also generally be available.
Nevertheless, State Parties are not obligated to provide effective remedies for violations of
economic, social and cultural rights, as they are for civil and political rights.49 The CESCR
has expressed the view, however, that the failure to provide remedies would have to be
justified by demonstrating that they are unnecessary or do not constitute appropriate means.
The CESCR has indicated that it would not be easy to make this demonstration and,
furthermore, that “in many cases, the other means used could be rendered ineffective if they
are not reinforced or complemented by judicial remedies”.50 It should also be noted that
remedies for violations under ICESCR need only be judicial in nature if a right cannot be
made fully effective without some role for the judiciary, such as rights concerning nondiscrimination.51
Finally, in General Comment No. 10, the CESCR discussed the role of national human
rights institutions in the protection of economic, social and cultural rights. It listed a number
of activities that could be performed by such institutions with respect to ICESCR, including
education, capacity-building and training activities; monitoring of compliance with the
Covenant; assessment of the conformity of domestic law with the Covenant; identification
of national-level benchmarks against which the realization of obligations can be measured;
research on the realization of particular Covenant rights; and the examination of complaints
alleging violations of the Covenant.52
3.5 International Assistance & Cooperation
International assistance and cooperation, especially that which is economic and technical in
nature, is an important element of the ICESCR.53 Indeed, the notion of drawing on “the
maximum of available resources” under of Article 2(1) includes those resources that are
available from the international community through international assistance and
cooperation. As well, Articles 11, 15, 22 and 23 specifically refer to such cooperation and
assistance.54 The CESCR has also emphasized that “in accordance with Articles 55 and 56 of
the Charter of the United Nations, with well-established principles of international law, and
with the provisions of the Covenant itself, international cooperation for development and
thus for the realization of economic, social and cultural rights is an obligation of all States.”55
As such, international assistance and cooperation form an indispensable means of
implementing the ICESCR.
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