This chapter offers a summing-up of basic information on ESC rights, as well as of the meaning and implications of the right to an effective remedy in cases of violations of ESC rights. It also serves as a reiteration of States’ obligations and what can constitute breaches of these obligations under international law.
It should also be recalled that, although progress has been made in the acceptance of the justiciability of ESC rights, prejudices and doubts remain at the global, regional and national levels about the role of judicial and quasi-judicial bodies in the enforcement and protection of these rights. The present chapter sets the scene and aims to give practitioners arguments to identify and challenge violations of ESC rights, including those due to the absence or ineffectiveness of remedies available to victims.