Chapter 2 | Page 77 as a way to encourage active contribution of the creators of these works to the overall progress of society as a whole, rather than as sources of individual benefit alone.160 A comprehensive policy on ESC rights must necessarily target all these rights and must have adequate policy intervention to ensure their realisation. The policy efforts in relation to these rights are characterised by interrelated and essential features of availability, accessibility, acceptability, adaptability and adequacy in relation to rights such as education, health and housing.161 In this thesis, all these rights are treated as equally important components of national policy actions for progressive realisation, which also requires resources. The manner in which these obligations are to be carried out is expounded in the general and procedural obligations under the Covenant as discussed in the previous section. 2.3.3 Justiciability and adjudication The basic idea of ESC rights justiciability is that State non-compliance with these rights can be subjected to third-party adjudication and reward of remedies.162 It is argued that the role of the courts in ESC rights adjudication should be to deepen the accountability of the State,163 for which clear rules of 160 Committee on Economic, Social and Cultural Rights, General Comment No 17: The Right of Everyone to Benefit from the Protection of the Moral and Material Interests Resulting from any Scientific, Literary or Artistic Production of which He or She is the Author (article 15, paragraph 1 (c), of the Covenant) 35th sess, UN Doc E/C.12/GC/17 (12 January 2006), [4]. 161 These features are outlined in CESCR General Comment No 13, E/C.12/1999/10, above n 154; CESCR General Comment No 14, E/C.12/2000/4, above n 148; CESCR General Comment No 4, E/1992/23, above n 143. 162 163 Dennis and Stewart, above n 3, 463. Murray Wesson, 'Disagreement and the Constitutionalisation of Social Rights' (2012) 12(2) Human Rights Law Review 221-253, 253.

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