Chapter 2 • The Major Universal Human Rights Instruments and the Mechanisms for Their Implementation The enjoyment of the rights guaranteed by the International Covenant on Economic, Social and Cultural Rights may be subjected only to such limitations as are: l determined by law; l compatible with the nature of these rights; and l aimed at promoting the general welfare in a democratic society. The International Covenant on Economic, Social and Cultural Rights contains no provision allowing for derogations from the legal obligations incurred thereunder. 2.2.4 The implementation mechanism Under article 16 of the Covenant, the States parties undertake to submit “reports on the measures which they have adopted and the progress made in achieving the observance of the rights recognized” therein, and it is the United Nations Economic and Social Council that is formally entrusted with monitoring compliance with the terms thereof (art. 16(2)(a)). However, since the early arrangements for examining the periodic reports were not satisfactory, the Council created, in 1985, the Committee on Economic, Social and Cultural Rights as an organ of independent experts parallel to the Human Rights Committee set up under the International Covenant on Civil and Political Rights.41 The Committee consists of eighteen members who serve in their individual capacity. As is the case with the Human Rights Committee, the reports submitted by the States parties are considered in public meetings and in the presence of representatives of the State party concerned. The discussion “is designed to achieve a constructive and mutually rewarding dialogue” so that the Committee members can get a fuller picture of the situation prevailing in the country concerned, thereby enabling them to make “the comments they believe most appropriate for the most effective implementation of the obligations contained in the Covenant”.42 Following an invitation by the Economic and Social Council, the Committee on Economic, Social and Cultural Rights began adopting General Comments “with a view to assisting the States parties in fulfilling their reporting obligations”.43 The General Comments are based on the experience gained by the Committee through the reporting procedure, and draw the attention of the States parties to insufficiencies revealed, and also suggest improvements to that procedure. Lastly, the General Comments are aimed at stimulating the activities of the States parties as well as of the international organizations and specialized agencies concerned to achieve “progressively and effectively the full realization of the rights recognized in the Covenant”.44 41 Ibid., p. 117. See also pp. 118-119. For the terms of the resolution creating the Committee, see ECOSOC res. 1985/17 of 28 May 1985. 42 Ibid., p. 121. 43 See UN doc. E/2000/22 (E/C.12/1999/11), p. 22, para. 49. 44 Ibid., p. 22, para. 51. 42 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers