A/69/299 Service. The Court found that, once a State fulfils a constitutional obligation, the Constitution protects against abolishment, turning the obligation from a purely positive one to both a positive and a negative obligation. 15. Core obligations have been adjudicated under the right to life, which obliges the State to ensure the necessities for life. For example, the Supreme Court of Argentina, in Reynoso (2012), found that the State had an obligation to guarantee people access to basic goods and services necessary for their health and life. 16. Courts have enforced obligations to respect and protect with regard to the right to health. The African Commission on Human and Peoples’ Rights elaborated, in Social and Economic Rights Action Center and Center for Economic and Social Rights v. Nigeria, that the obligation to respect within the right to health requires a State “to respect the free use of resources” of an individual or group “for the purpose of rights-related needs”. 9 In Marangopoulos Foundation for Human Rights v. Greece, the European Committee of Social Rights held that the State mus t engage in stronger regulatory practices to protect air quality, including the regulation of private actors, to protect its obligation under the right to health. 10 17. Only judicial or quasi-judicial bodies and not purely administrative mechanisms can provide access to effective remedies as required by the right to health framework. Effective remedies require an adjudicator to provide appropriate reparation. Only an adjudicator can assess whether the right to health has been violated and provide reparation that includes restitution and guarantees of nonrepetition. Restitution often requires imposing an obligation on a third party, such as requiring a hospital to provide essential medicines, and guarantees of non -repetition can be obtained only through structural policy changes that involve other government agencies. Administrative remedies are limited to violations of the relevant statute, and the scope of the statute does not allow the imposition of obligations on other agents and thus cannot provide effective remedies. 18. Any debate about the general justiciability of the right to health ended with the entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights on 5 May 2013 and the Optional Protocol to the Convention on the Rights of the Child on a communications procedure on 14 April 2014. It is recommended that States ensure that the right to health is justiciable in their domestic jurisdictions. Most individual obligations of the right to health are clearly justiciable, and only obligations to fulfil that are progressively realizable require further analysis to confirm their justiciability. III. Progressive realization of the right to health 19. Similar to other economic, social and cultural rights, and in keeping with article 2 (1) of the Covenant, the right to health allows States to realize some rights progressively. The progressive realization of the right to health obligations is premised on the understanding that States with limited resources may have the capacity to implement health programmes only in a phased manner. __________________ 9 10 6/22 Communication No. 155/96, 2001, para. 45. Complaint No. 30/2005, 2006, para. 203. 14-59014