E/C.12/NDL/CO/4-5 (b) The legislative amendments providing for compulsory education for all children in all territories of the State party, irrespective of their legal status; (c) The introduction of a mechanism of reimbursement of medical fees for services provided to undocumented migrants; (d) Measures, legislative and otherwise, put into place to improve work/life balance; and (e) The maintenance by the Netherlands of a high level of official development assistance at 0.7 per cent of its gross national product. C. Principal subjects of concern and recommendations 5. The Committee is concerned at the unequal enjoyment of economic, social and cultural rights among the four constituent countries of the State party (art. 2, paras. 1 and 2). As the State party is accountable for the implementation of the Covenant in all its territories, the Committee urges it to ensure the equal enjoyment of the economic, social and cultural rights by all individuals and groups under its jurisdiction. This entails an obligation for the State party to ensure that all its enactments and policies should provide for all the same level of enjoyment of economic, social and cultural rights. Moreover, the principle of “maximum available resources” should apply to the State party and not to its constituent countries individually. The Committee requests the State party to provide information on practical measures adopted and implemented in this regard in its next periodic report. 6. Given the fact that the State party follows a monist system, whereby international treaties are directly applicable, the Committee reiterates its concern that some provisions of the Covenant are not self-executing and enforceable in the State party and that they have not been admitted by courts to substantiate legal claims relating to economic, social and cultural rights. The Committee reiterates its recommendation that the State party has the obligation to give effect to the rights contained in the Covenant in each territory, so that individuals can seek enforcement of their rights before national courts and tribunals. Moreover, in view of the numerous decisions of the State party’s courts to the effect that the provisions of the Covenant are not self-executing and thus not binding in accordance with articles 93 and 94 of the Constitution of the State party, the Committee urges the State party to consider all remedial measures, legislative or otherwise, to ensure that the Covenant rights are applicable and justiciable in all its constituent countries. In this regard, the Committee refers the State party to its general comment No. 9 (1998) on the domestic application of the Covenant. The Committee also requests the State party to continue to provide in its periodic reports detailed information on case law from all its territories regarding the implementation of the Covenant. 7. The Committee is concerned that none of the constituent countries of the State party has yet adopted national human rights action plans. The Committee calls on the State party to ensure that, in all its constituent countries, national action plans for human rights in accordance with the Vienna Declaration and Programme of Action of 1993 are adopted and 2

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