General Comment 9: The Domestic Application of the Covenant

Title: 
General Comment 9: The Domestic Application of the Covenant
Document Type: 
Documents by United Nations Bodies and Agencies
Reference: 
E/C.12/1998/24
Annotation: 
In this General Comment, dated December 3, 1998, the Committee on Economic, Social and Cultural Rights addresses States Parties' obligations to give effect to the rights recognized in the Covenant. The Committee emphasizes that modifications to the domestic legal order may be necessary to fulfil treaty obligations. Although the Covenant does not expressly require judicial remedies, the Committee notes that a failure to provide such remedies must be justified. General Comment 9 also addresses the means of implementation into the domestic legal order; the desirability of direct incorporation; the role of legal remedies such as administrative procedures; and the treatment of the Covenant in domestic courts.