ABSTRACT
States might implement international human rights law without being in full compliance. This chapter looks at what constitutes an effective remedy as well as examining the nature of rights: the principle of indivisibility, the false dichotomy of rights (and its misunderstood historical origin), as well as the different taxonomies of enforcement. The literature has therefore tended to examine the area of economic and social rights (ESR) justiciability on an axis measuring the varying degrees (or the standard) of ESR protection/enforcement. The international position makes clear that remedies for violations of ESR ought to be available at the domestic level, and that this should include access to justiciable remedies. The International Commission of Jurists has also called for legitimate justiciable mechanisms to be explored with a view to bridging the gap between the justiciability of civil and political rights and ESR. The concept of remedies for rights violations is very much interlinked with that of justiciability.
