Human Rights on the Workshop on Justiciability of Economic, Social and Cultural Rights stated that there was wide support for the decisions of the CESCR to include a legal finding as well as recommendations for remedial action and changes in law, policy and practice.151 However, the Optional Protocol is not intended to be a panacea, but to act as a safety net and a forum for identifying areas where States need practical assistance.152 Innovative mechanisms used by the courts to enforce the right to education absent specific legislation One of the most important forums for strengthening the right to education is the judicial forum. The judiciary play a crucial role in ensuring the justiciability of the right to education via judicial innovation.153 Some of these innovative practices are discussed below. In some jurisdictions, the right to education has been mined from the bedrock of other rights. The Supreme Court of India, for example, held that the right to education is implicit in the right to life because of its inherent fundamental importance.154 Economic, social and cultural rights in India are not enforceable as stand-alone rights, but are enforceable when they are projected as supplying the content of a fundamental right.155 This innovation has been noted by the United Nations and the members of the Colloquium and Workshop for Judges and Lawyers on the Justiciability of Economic, Social and Cultural Rights in the Pacific Region as 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 8 para 6. 151 UN Economic and Social Council, Economic, Social and Cultural Rights Report of the High Commissioner for Human Rights Addendum, Report on the Workshop on Justiciability of Economic, Social and Cultural Rights, with particular reference to the draft optional protocol to the ICESCR 57th session, E/CN.4/2001/62/Add.2, 22 March 2001 http://www.unhchr.ch/Huridocda/Huridoca.nsf/0/9715 c4f1d48ad8c2c1256a1e004e5288/$FILE/G0112109.pdf (last accessed 26 March 2007) at para 43. 152 UN Economic and Social Council, Economic, Social and Cultural Rights Report of the High Commissioner for Human Rights Addendum, Report on the Workshop on Justiciability of Economic, Social and Cultural Rights, with particular reference to the draft optional protocol to the ICESCR 57th session, E/CN.4/2001/62/Add.2, 22 March 2001 http://www.unhchr.ch/Huridocda/Huridoca.nsf/0/9715 c4f1d48ad8c2c1256a1e004e5288/$FILE/G0112109.pdf (last accessed 26 March 2007) at para 44. 153 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/huricane/hurican e.nsf/(Symbol)/OHCHR.STM.01.77.En?OpenDocument (last accessed 25 March 2007). 154 Unni Krishnan JP v State of Andhra Pradesh (1993) 1 SCC 645, at para 183, page 738 and Mohini Jain v State of Karnatak (1992) Supreme Court Cases 666. 155 Circle of Rights Economic, Social and Cultural Rights Activism: A Training Resource “Justiciability of ESC Rights - The Indian experience”, available at http://www1.umn.edu/humanrts/ed umat/IHRIP/circle/justiciability.htm (last accessed 12 March 2007), at page 9. See similarly, Soobramoney v Minister of Health (KwaZulu-Natal) [1997] ICHRL 118 (27 November 1997) where it was held by the South African Constitutional Court that where there was no emergency situation, the 72