14
judgment that is res judicata accords certainty with regard to the right or dispute examined in
the specific case and, consequently, one of its effects is its binding nature or the necessity of
complying with it. The contrary would involve the very denial of the right involved.”
Consequently, “the execution of judgments must be considered an integral part of the right of
access to the remedy, which also includes full compliance with the respective decision.”71
39.
The right of access to justice in its broad sense is fundamental for the social rights and
is essential for effective judicial protection. In many cases, the problems do not arise from the
fact that a right is not protected in the domestic sphere, but rather from the failure to execute
the domestic judgments that have recognized and granted that right.
40.
For example, the CESCR has determined that, in practice, the victims of violations of
the rights recognized in the ICESCR “have difficulty in accessing effective judicial remedies.”
The Committee mentioned this explicitly in its most recent Concluding Observations on the
periodic reports of eight countries that have accepted the contentious jurisdiction of the InterAmerican Court;72 moreover, this concern may be noted implicitly in a further two cases.73 A
similar situation can be seen in at least six OAS Member States that have not accepted the
jurisdiction of the Inter-American Court.74
41.
Recently, the CESCR has also indicated its concern at the lack of effective enforcement
of the judgments handed down in proceedings in which violations of economic, social and
cultural rights have been found.75
42.
In these circumstances, in its General Comment No. 9 on the domestic application of
the Covenant, the CESCR established that “the means of implementation chosen must be
71
Case of Acevedo Jaramillo et al. v. Peru. Preliminary objections, merits, reparations and costs. Judgment of
February 7, 2006. Series C No. 144, para. 220 and Case of Furlan and family v. Argentina. Preliminary objections,
merits, reparations and costs. Judgment of August 31, 2012. Series C No. 246, para. 209.
72
Cf. CESCR, Concluding observations on the combined fifth and sixth periodic reports of Mexico, April 17 2018,
UN Doc. E/C.12/MEX/CO/5-6, para. 5; CESCR, Concluding observations on the fifth periodic report of Uruguay, July
20, 2017, UN Doc. E/C.12/URY/CO/5, para. 7; CESCR, Concluding observations on the fifth periodic report of Costa
Rica, October 21, 2016, UN Doc. E/C.12/CRI/CO/5, paras. 6 and 7; CESCR, Concluding observations on the fourth
periodic report of the Dominican Republic, October 21, 2016, UN Doc. E/C.12/DOM/CO/4, para. 5; CESCR, Concluding
observations on the second periodic report of Honduras, July 11, 2016, UN Doc. E/C.12/HND/CO/2, para. 5; CESCR,
Concluding observations on the fourth periodic report of Chile, July 7, 2015, UN Doc. E/C.12/CHL/CO/4, para. 7;
CESCR, Concluding observations on the fourth periodic report of Paraguay, March 20, 2015, UN Doc.
E/C.12/PRY/CO/4, para. 7, and CESCR, Consideration of reports by States Parties under Articles 16 and 17 of the
Covenant. Concluding observations of the Committee on Economic, Social and Cultural Rights, Panama, September
24, 2001, E/C.12/1/Add.64, paras. 9 and 25.
73
Cf. CESCR, Concluding observations on the sixth periodic report of Colombia, October 19, 2017,
E/C.12/COL/CO/6, para. 13 (c), 45 and 46 (c); CESCR, Concluding observations on the third periodic report of
Guatemala, December 9, 2014, E/C.12/GTM/CO/3, para. 6.
74
Cf. CESCR, Concluding observations on the sixth periodic report of Canada, March 23, 2016, UN Doc.
E/C.12/CAN/CO/6, para. 5; CESCR, Concluding observations on the combined second to fourth periodic reports of
Guyana, October 28, 2015, UN Doc. E/C.12/GUY/CO/2-4, para. 8; CESCR, Concluding observations on the third
periodic report of the Bolivarian Republic of Venezuela, July 7, 2015, UN Doc. E/C.12/VEN/CO/3, para. 7; CESCR,
Concluding observations on the combined third and fourth periodic reports of Jamaica, June 10, 2013, UN Doc.
E/C.12/JAM/CO/3-4, para. 6; CESCR, Consideration of reports by States Parties under Articles 16 and 17 of the
Covenant. Concluding observations of the Committee on Economic, Social and Cultural Rights, Trinidad and Tobago,
June 5, 2002, E/C.12/1/Add.80, para. 9; CESCR, Consideration of reports by States Parties under Articles 16 and 17
of the Covenant. Concluding observations of the Committee on Economic, Social and Cultural Rights, San Vicente and
the Grenadines, December 2, 1997, E/C.12/1/Add.21, para. 13.
75
Cf. CESCR, Concluding observations on the combined fifth and sixth periodic reports of Mexico, op. cit., para.
5 and 6; CESCR, Concluding observations on the sixth periodic report of Colombia, op. cit., para. 18(c).