decision-making processes at the national level. At
all times the Committee bears in mind its own role as
an international treaty body and the role of the State
in formulating or adopting, funding and implementing
laws and policies concerning
economic,
social and
cultural rights. To this end, and in accordance with
the practice of judicial and other quasi-judicial human
rights treaty bodies, the Committee always respects
the margin of appreciation of States to take steps
and adopt measures most suited to their specific
circumstances.
12.
Where the Committee considers that a State
party has not taken reasonable or adequate steps,
it will make relevant recommendations to the State
party. In line with the practice of other treaty bodies,
the Committee will respect the margin of appreciation
of the State party to determine the optimum use of its
resources and to adopt national policies and prioritize
certain resource demands over others.
13.
In the
context
of an
optional
protocol,
the
Committee could make recommendations, inter alia,
along four principal lines:
(a)
recommending
remedial
action,
such
compensation, to the victim, as appropriate;
GO
chap economic, SOCIAL AND CULTURAL RIGHTS HANDBOOK
as
(b) calling upon the State party to remedy the
circumstances leading to a violation. In doing so,
the Committee might suggest goals and parameters
to assist the State party in identifying appropriate
measures. These parameters could include suggesting
overall priorities to ensure that resource allocation
conformed
with the State party's obligations under
the Covenant; provision for the disadvantaged and
marginalized
individuals and
groups;
protection
against grave threats to the enjoyment of economic,
social and cultural rights; and respect for non
discrimination in the adoption and implementation of
measures;
(c) Suggesting, on a case-by-case basis, a range of
measures to assist the
the recommendations,
low-cost measures, The
still have the option of
State party in implementing
with particular emphasis on
State party would nonetheless
adopting its own alternative
measures;
(d)
recommending
a
follow-up
mechanism
to
party;
State
the
of
accountability
ongoing
ensure
for example, by including a requirement that in its
next periodic report the State party explain the steps
taken to redress the violation.