Chapter 2 | Page 81 norms should be recognised within the domestic legal and administrative order, with appropriate means of redress and remedies available to any aggrieved individual or group, and appropriate means of ensuring governmental accountability must be put in place.182 Accessible and effective remedies, which include compensation, reparation, restitution, rehabilitation, guarantee of non-repetition and public apologies, are the best approach to protecting ESC rights.183 Taking appropriate legislative, administrative and other measures to prevent violations in the first place, in addition to prompt investigation, equal access to justice and providing effective remedies are key obligations on States.184 Given the inherent difficulty of establishing violations of ESC rights obligations, particularly by the States, distinguishing between a State’s inability and unwillingness to comply with the obligations is likely to provide a clearer conceptual basis for violations monitoring.185 The government’s margin of appreciation (discretion) to make policy decisions should also be factored in to determine the degree of violation.186 2.3.5 Compliance and monitoring procedures State reporting is an important measure to ‘effectively evaluate the extent to which progress has been made towards the realization of the obligations’.187 182 CESCR General Comment No 9, E/C.12/1998/24, above n 168, [2]. 183 Liebenberg, above n 165, 55, 57; Ssenyonjo, above n 10, 976. 184 United Nations General Assembly, Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, 16th sess, UN Doc A/RES/60/147 (21 March 2006). 185 Asbjørn Eide, 'Economic, Social and Cultural Rights as Human Rights' in Asbjørn Eide, Catarina Krause and Allan Rosas (eds), Economic, Social and Cultural Rights: A Textbook (Martinus Nijhoff Publishers, Leiden, 2001) 9-28, 26. 186 Arne Vandenbogaerde and Wouter Vandenhole, 'The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights: An Ex Ante Assessment of its Effectiveness in Light of the Drafting Process' (2010) 10(2) Human Rights Law Review 207-237, 223; International Commission of Jurists (ICJ), above n 106, [8]. 187 Committee on Economic, Social and Cultural Rights, General Comment No 1: Reporting by States Parties, 3rd sess, UN Doc E/1989/22 (24 February 1989), [6].

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