specifically foreseen by the Covenant, is by no means exhaustive of the obligations of
States parties. Rather, the phrase “by all appropriate means” must be given its full
and natural meaning. While each State party must decide for itself which means are
the most appropriate under the circumstances with respect to each of the rights, the
“appropriateness” of the means chosen will not always be self-evident. It is therefore
desirable that States parties’ reports should indicate not only the measures that have
been taken but also the basis on which they are considered to be the most
“appropriate” under the circumstances. However, the ultimate determination as to
whether all appropriate measures have been taken remains one for the Committee to
make.
5.
Among the measures which might be considered appropriate, in addition to
legislation, is the provision of judicial remedies with respect to rights which may, in
accordance with the national legal system, be considered justiciable. The Committee
notes, for example, that the enjoyment of the rights recognized, without
discrimination, will often be appropriately promoted, in part, through the provision of
judicial or other effective remedies. Indeed, those States parties which are also parties
to the International Covenant on Civil and Political Rights are already obligated (by
virtue of articles 2 (paras. 1 and 3), 3 and 26) of that Covenant to ensure that any
person whose rights or freedoms (including the right to equality and
non-discrimination) recognized in that Covenant are violated, “shall have an effective
remedy” (art. 2 (3) (a)). In addition, there are a number of other provisions in the
International Covenant on Economic, Social and Cultural Rights, including articles 3,
7 (a) (i), 8, 10 (3), 13 (2) (a), (3) and (4) and 15 (3) which would seem to be capable
of immediate application by judicial and other organs in many national legal systems.
Any suggestion that the provisions indicated are inherently non-self-executing would
seem to be difficult to sustain.
6.
Where specific policies aimed directly at the realization of the rights
recognized in the Covenant have been adopted in legislative form, the Committee
would wish to be informed, inter alia, as to whether such laws create any right of
action on behalf of individuals or groups who feel that their rights are not being fully
realized. In cases where constitutional recognition has been accorded to specific
economic, social and cultural rights, or where the provisions of the Covenant have
been incorporated directly into national law, the Committee would wish to receive
information as to the extent to which these rights are considered to be justiciable (i.e.
able to be invoked before the courts). The Committee would also wish to receive
specific information as to any instances in which existing constitutional provisions
relating to economic, social and cultural rights have been weakened or significantly
changed.
7.
Other measures which may also be considered “appropriate” for the purposes
of article 2 (1) include, but are not limited to, administrative, financial, educational
and social measures.
8.
The Committee notes that the undertaking “to take steps ... by all appropriate
means including particularly the adoption of legislative measures” neither requires nor
precludes any particular form of government or economic system being used as the