V t l nt: 1 1 despite claims that both sets of rights are of equal importance and interdependent, civil and political rights are more solidly established under international and national law. 33 Economic and social rights generally have a programmatic nature and are not always directly justiciable to the same extent as civil and political rights. 34 Yeshanew defines justiciability as rights being "subjected to a judicial or quasijudicial procedure of enforcement. 3 5 Scheinin argues that "the problem relating to the legal nature of economic and social rights does not relate to their validity but rather to their applicability. 3 6 The central question of economic and social rights therefore lies in their enforcement or justiciability. However, the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights entered into force on May 5, 2013, which thereby recognized the political acceptance by states of their justiciability. 3 Further, the European Committee of Social Rights examines more and more collective complaints. Additionally, the body of case law in domestic jurisdictions is growing substantially. 38 The UN ESCR Committee developed in General Comment no. 3 the concept of a minimum core of each economic and social right that every individual should enjoy. It argued that: [A] minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights is incumbent upon every State party. Thus, for example, a State party in which any significant number of individuals is deprived of essential foodstuffs, of essential primary health care, of basic shelter and housing, or of the most basic forms of education is, prima facie, failing to discharge its obligations under the Covenant. If the Covenant were to be read in such a way as not to establish such a minimum core obligation, it 39 would be largely deprived of its raison d'8tre. 33EIDE, supra note 31 at 22. 34Id. 35SISAYA. YESHANEW, THE JUSTICIABILITY OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS IN THE AFRICAN REGIONAL HUMAN RIGHTS SYSTEM 37 (2013). See also JUSTICIABILITY OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS, (F. Coomans ed. 2006). See also MALCOLM LANGFORD, SOCIAL RIGHTS JURISPRUDENCE: EMERGING TRENDS IN INTERNATIONAL AND COMPARATIVE LAW (2008). 36 EIDE, supra note 31 at 22; see also Christian Courtis, Standards to Make ESC Rights Justiciable:A Summary Exploration,2 ERASMUS L. REV. 379 (2009). 37Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, Doc.A/63/435; C.N.869.2009.TREATIES-34, II December 2009, <http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsgno=lV-3a&chapter-4&lang-en> last visited May 15, 2013. M. Craven & M. Langford, The InternationalCovenant on Economic, Social and Cultural Rights, Rev'd Edition (Oxford University Press, forthcoming 2014). Katherine G. Young and Julieta Lemaitre, The Comparative Fortunesof the Right to Health: Two Tales ofJusticiabilityin Colombia and South Africa 26 HARV. HUM. RTS. J. 181, 181 (2013). Fons Coomans, Justiciabilityof the Right to Education, 2 ERASMUS L. REV. 427, 427-43 (2009). 39 Comm. on Econ., Soc. and Cultural Rights, General Comment 3, The Nature of States Parties' Obligations 5th session, 1990, U.N. Doc. E/1991/23, annex III at 86 (Dec. 14, 1990) [hereinafter CESCER General Comment 3].