E/C.12/VEN/CO/3 (b) The Labour and Workers Act, in April 2012; (c) The Education Act, in August 2009; (d) The Indigenous Languages Act, in May 2008; (e) The Act on the Promotion of Breastfeeding, in September 2007. 5. The Committee takes note with satisfaction of the progress made by the State party in combating poverty and reducing inequality. The Committee also welcomes the huge progress made by the State party in the fight against malnutrition through the expansion of the school meals programme and the food allowance for low-income families. 6. The Committee takes note with satisfaction of the Venezuelan delegation ’s commitment that, despite the economic difficulties caused by, among other reasons, the fall in oil revenues, the State party will continue to make every effort to prevent the situation from affecting social investment and the progressive realization of economic, social and cultural rights. C. Main subjects of concern and recommendations Justiciability of Covenant rights 7. The Committee takes note of the information provided by the State party on the application of the rights contained in the Covenant by the national courts. However, the Committee is concerned that those rights are not applied consistently and tha t, according to reports received, in some cases the Supreme Court has ruled that economic, social and cultural rights do not fall within the scope of judicial protection. The Committee recommends that the State party guarantee the applicability of all rights under the Covenant and that it take the necessary steps to raise awareness of the content of the Covenant rights and their justiciability, in particular among judges, lawyers and law enforcement officials, as well as among members of the National Assembly and other actors responsible for the implementation of the Covenant, and among rights holders. The Committee also draws the State party’s attention to its general comment No. 9 (1998) on the domestic application of the Covenant and encourages it to ratify the Optional Protocol to the Covenant. Denunciation of the American Convention on Human Rights 8. The Committee takes note of the State party’s denunciation of the American Convention on Human Rights and is concerned that it might affect the effective protection of economic, social and cultural rights in the State party. The Committee urges the State party to reconsider rejoining the protection system under the American Convention on Human Rights. Rights of indigenous peoples 9. While the Committee notes with satisfaction that the right of indigenous peoples to be consulted is recognized in the State party’s legal system, it is concerned by reports received that consultations with indigenous peoples are not held regularly and with full guarantees, in particular when granting concessions for the exploration and development of natural resources (art. 1, para. 2). 2/10 GE.15-11219

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