Chapter 2 | Page 79 realisation of positive State obligations flowing from these rights.169 For example, justiciability of ESC rights is evident from domestic jurisprudence in countries such as South Africa and India.170 Judicial decisions on ESC rightsrelated cases have become more common in a number of other States.171 Overall, the emerging case law shows that when governments are challenged on the grounds of ESC rights, they have the burden of proof to establish the reasonableness of the government policies and their impact on the progressive realisation of ESC rights.172 2.3.4 Violations and remedies By definition, a violation of ESC rights occurs when ‘acts of commission or omission in the form of legislative, political, economic, administrative, and physical or otherwise causes deprivation of rights’.173 The Maastricht Guidelines on Violations of Economic, Social and Cultural Rights articulates that failure to perform the obligations to respect, protect and fulfil constitutes a violation of such rights.174 In this context, the obligation to fulfil requires States ‘to take appropriate legislative, administrative, budgetary, judicial and other measures towards the full realisation of such rights.’175 Moreover, the guidelines make specific reference to resources and adopts the position that 169 Martin Scheinin, 'Economic and Social Rights as Legal Rights' in Asbjørn Eide, Catarina Krause and Allan Rosas (eds), Economic, Social and Cultural Rights: A Textbook (Martinus Nijhoff Publishers, Dordrecht, 2001) 29-54, 54. 170 Some of the key cases include Government of South Africa v Grootboom & Ors (2000) CCT 11/00 (Constitutional Court of South Africa); Minister of Health and others v. Treatment Action Campaign and others (2002) Case CCT 9/02 (Constitutional Court of South Africa); C E S C Limited v Subbash Chandra Bose (1992) (1992 (1) SCC 441) (Supreme Court of India); P G Gupta v State of Gujarat and Others (1995) (1995 Supp (2) SCC 182) (Supreme Court of India). 171 See for example, Bertrand G Ramcharan (ed), Judicial Protection of Economic, Social and Cultural Rights: Cases and Materials (Martinus Nijhoff Publishers, 2005). 172 Ssenyonjo, above n 10, 42. 173 Scott Leckie, 'Another Step towards Indivisibility: Identifying the Key Features of Violations of Economic, Social and Cultural Rights' (1998) 20 Human Rights Quarterly 81124, 98. 174 International Commission of Jurists (ICJ), above n 106, [6]. 175 Ibid.