E/C.12/2007/1
Page 4
12.
Where the Committee considers that a State party has not taken reasonable or adequate
steps, it will make relevant recommendations to the State party. In line with the practice of other
treaty bodies, the Committee will respect the margin of appreciation of the State party to
determine the optimum use of its resources and to adopt national policies and prioritize certain
resource demands over others.
13.
In the context of an optional protocol, the Committee could make recommendations, inter
alia, along four principal lines:
(a)
appropriate;
Recommending remedial action, such as compensation, to the victim, as
(b)
Calling upon the State party to remedy the circumstances leading to a violation.
In doing so, the Committee might suggest goals and parameters to assist the State party in
identifying appropriate measures. These parameters could include suggesting overall priorities
to ensure that resource allocation conformed with the State party’s obligations under the
Covenant; provision for the disadvantaged and marginalized individuals and groups; protection
against grave threats to the enjoyment of economic, social and cultural rights; and respect for
non-discrimination in the adoption and implementation of measures;
(c)
Suggesting, on a case-by-case basis, a range of measures to assist the State party
in implementing the recommendations, with particular emphasis on low-cost measures. The State
party would nonetheless still have the option of adopting its own alternative measures;
(d)
Recommending a follow-up mechanism to ensure ongoing accountability of the
State party; for example, by including a requirement that in its next periodic report the State
party explain the steps taken to redress the violation.
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