• the lack of ratification and full implementation of the ICESCR in some states.179 The future To combat these difficulties, UNESCO advocates for countries to introduce constitutionally guaranteed provisions setting out the right to education.180 This would establish a concrete right for legislative and executive actions to be measured against and also allow victims of alleged breaches to bring those breaches before a constitutional court.181 Further, it is difficult to monitor and enforce obligations without legislation. The consequences of making economic, social and cultural rights an enforceable part of a constitution are that human rights norms aimed at seeking social or distributive justice will find a degree of permanence, and access to justice will increase.182 States must develop and modernise national laws, promote the right to education, educate the general public about the available remedies, and also educate judges on the justiciability of the right, as these are critical elements of strengthening the right to education. Furthermore, the justiciability of the right to education is inseparable from the question of its enforceability and the existence of adequate remedies.183 The judiciary can also play a key role in strengthening the right to education. Increasingly, judges have been taking advantage of the jurisprudence of other jurisdictions to support the justiciability of the right to education.184 This solidarity will be instrumental in raising the awareness of governments and creating international pressure for the need to make this right fully justiciable. It may also be desirable for the judiciary to take into account guidance 179 United Nations “Workshop for Judges on the Justiciability of Economic, Social and cultural Rights in South Asia – Statement of Conclusions” (18 November 2001) Press Release, n 11. 180 UNESCO(CR)/ECOSOC(CESCR) Joint Expert Group on the Monitoring of the Right to Education Justiciability of the Right to Education 175 EX/28 12-13 May 2006, at para 8. 181 UNESCO(CR)/ECOSOC(CESCR) Joint Expert Group on the Monitoring of the Right to Education Justiciability of the Right to Education 175 EX/28 12-13 May 2006, at para 8. 182 Dr Justice D Y Chandrachud “Bridging the Chasm between Human Rights’ Doctrine and Enforcement: The Role and Remedies for Judicial Institutions” www.interights.org/doc/Fiji%20Colloq uium%2006/paper1%20Fiji.doc (last accessed 27 March 2007) at 5 – 6. 183 United Nations Workshop for Judges on the Justiciability of Economic, Social and Cultural Rights in South Asia, New Delhi, 17 - 18 November 2001 Statement of Conclusions, http://www.unhchr.ch/hu ricane/huricane.nsf/(Symbol)/OHCHR.STM.01.77.En?OpenDocument (last accessed 26 March 2007) at para 7. 184 United Nations Workshop for Judges on the Justiciability of Economic, Social and Cultural Rights in South Asia, New Delhi, Opening Address by Ms Mary Robinson High Commissioner for Human Rights, 17 November 2001 http://www.unhchr.ch/huricane/huricane.nsf/view01/5962093D418A5BCF C1256B74003E0080?opendocument (last accessed 24 March 2007) at 2. 77