infrastructure using the maximum resources available.137 Further, the allocation of these resources in a non-discriminatory manner is immediately a justiciable matter.138 The imposition of retrogressive measures may also be justiciable especially where there is a duty to take progressive measures to introduce free education. The role of the judiciary and administrative measures The judiciary has played a part in clarifying and giving content to the right to education, however, their most important role has been to give victims of breaches of the right to education the opportunity to “seek and obtain an authoritative finding that a government has violated [that] right.”139 Where appropriate remedies are utilised, this can act as a strong catalyst for change. Court decisions in many jurisdictions have played a major role in enforcing economic, social and cultural rights by ensuring that governments implement constitutionally guaranteed rights.140 For this to occur, the judicial process needs to be supported by effective enforcement mechanisms to ensure that states comply with their minimum core obligations for making basic education accessible to all.141 The courts play a role in the provision of appropriate and effective remedies for breaches of the right to education. However, the right to an effective remedy need not always entail the provision of a judicial remedy.142 Rights of individuals will often be satisfied by 137 ICESCR article 2(1) “Each State party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of rights recognised in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.” 138 UNESCO Effective Functioning of Human Rights Mechanisms: National Institutions and Regional Arrangements, Report of the Secretary-General Conclusions and Recommendations of the Expert Meeting on National Human Rights Education in the Asia-Pacific Region (Bangkok, 20-22 October 2005) and the subregional workshop for judges and lawyers on the justiciability of economic, social and cultural rights in South-East Asia (Manila, 3-5 November 2004), E/CN.4/2006/100/Add.1, 13 December 2006 http://www.ohchr.org/english/bodies/chr/sessions/62/listdocs.htm (last accessed 27 March 2007) at 9 para 11. 139 Katarina Tomasevski “Has the Right to Education a Future within the United Nations? A Behindthe-Scenes Account by the Special Rapporteur on the Right to Education (2005) 5 Hum Rts L Rev 205, 231. 140 Draft Conclusions and Recommendations of the Colloquium and Workshop for Judges and Lawyers on the Justiciability of Economic Social and Cultural Rights in the Pacific Region, Suva, Fiji, 1 - 3 June 2006 http://www.interights.org/page.php?dir=News#Pacificcolloquium%20headline (last accessed 26 March 2007) at para 8. 141 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 2. 142 UNESCO CESCR General Comment no. 9 The domestic application of the Covenant, 19th session, 3 December 1998 E/C.12/1998/24 http://www.hri.ca/forthereCord1998/documentation/tbodies/e-c121998-24.htm (last accessed 27 March 2007) at para 9. 70