within the terms of article 2, paragraph 1, of the to ensure fulfilment of the obligations under the and Covenant. The need to ensure justiciability (see para. cultural Rights or that, in view of the other means used, 10 below) is relevant when determining the best way to give domestic legal effect to the Covenant rights. Second, account should be taken of the means which have proved to be most effective in the country international Covenant on Economic, Social they are unnecessary. It will be difficult to show this and the Committee considers that, in many cases, the other means used could be rendered ineffective if they are not reinforced or complemented by judicial remedies. concerned in ensuring rights. Where Covenant B. The status of the Covenant. ___in domestic the legal order 4. In general, legally binding international human rights standards should operate directly and immediately within the domestic legal system of each State party, thereby enabling individuals to seek enforcement of their rights before national courts and tribunals. The rule requiring the exhaustion of domestic remedies reinforces the primacy of national remedies in this respect. The existence and further development of international procedures for the pursuit of individual claims procedures are ultimately effective national remedies. is important, only but such supplementary to 5. The Covenant does not stipulate the specific means by which it is to be implemented in the national legal order. And there is no provision obligating its comprehensive incorporation or requiring it to be accorded any specific type of status in national law. Although the precise method by which Covenant rights are given effect in national law is a matter for each State party to decide, the means used should be appropriate in the sense of producing results which are consistent with the full discharge of its obligations by the State party. The means chosen are also subject to review as part of the Committee’s of the State party’s compliance under the Covenant. with examination its obligations 6. An analysis of State practice with respect to the Covenant shows that States have used a variety of approaches. Some States have failed to do anything specific at all. Of those that have taken measures, some States have transformed the Covenant into domestic law by supplementing or amending existing legislation, without invoking the specific terms of the Covenant, Others have adopted or incorporated it into domestic law, so that its terms are retained intact and given formal validity in the national legal order. This has often been done by means of constitutional provisions according priority to the Provisions of international human rights treaties over any inconsistent domestic laws. The approach the protection of other human the means on Economic, used to give effect to the Social and Cultural Rights differ significantly from those used In relation to other human rights treaties, there should be a compelling justification for this, taking account of the fact that the formulations used in the Covenant are, to a considerable extent, comparable to those used in treaties dealing with civil and political rights. 8. Third, while the Covenant does not formally oblige States to incorporate its provisions in domestic law, such an approach is desirable. Direct incorporation avoids problems that might arise in the translation of treaty obligations into national law, and provides a basis for the direct invocation of the Covenant rights by individuals in national courts. For these reasons, the Committee strongly encourages formal adoption or incorporation of the Covenant in national law. C. The role of legal remedies Legal or judicial remedies? 9. The right to an effective remedy need not be interpreted as always requiring a judicial remedy. Administrative remedies will, in many cases, be adequate and those living within the jurisdiction of a State party have a legitimate expectation, based on the principle of good faith, that all administrative authorities will take account of the requirements of the Covenant in their decision-making. Any such administrative remedies should be accessible, affordable, timely and effective. An ultimate right of judicial appeal from administrative procedures of this type would also often be appropriate. By the same token, there are some obligations, such as (but by no means limited to) those conceming nondiscrimination’, in relation to which the provision of some form of judicial remedy would seem indispensable in order to satisfy the requirements of the Covenant. In other words, whenever a Covenant right cannot be made fully effective without some role for the judiciary, judicial remedies are necessary. Justiciability 10. In relation generally taken to civil and for granted political that rights, judicial it is remedies of States to the Covenant depends significantly upon for violations are essential. Regrettably, the contrary the approach assumption is too often made in relation to economic, social and cultural rights. This discrepancy is not warranted either by the nature of the rights or by adopted to treaties in general in the domestic legal order. 7. But whatever the preferred methodology, several Principles follow from the duty to give effect to the Covenant and must therefore be respected, First, the means of implementation chosen must be adequate 3 Pursuant to article States “undertake to 2, paragraph are exercised “without 2, of the Covenant, guarantee” that the rights therein discrimination of any kind”. GENERAL COMMENTS AND STATEMENTS 27