E/C.12/55/D/2/2014 including particularly the adoption of legislative measures”. This requirement includes the adoption of measures that ensure access to effective judicial remedies for the protection of the rights recognized in the Covenant, since, a s the Committee noted in its general comment No. 9, there cannot be a right without a remedy to protect it. 29 11.4 Therefore, by virtue of the obligation contained in article 2, paragraph 1, of the Covenant, States parties must ensure that the persons whose right to adequate housing may be affected by, say, forced evictions or mortgage enforcements have access to an effective and appropriate judicial remedy. 30 Adequate notice in a mortgage enforcement procedure that may affect the right to housing 12.1 The Committee recalls that, according to its general comment No. 7, appropriate procedural protection and due process are essential aspects of all human rights but are especially pertinent in relation to a matter such as forced evictions; and that the procedural protections include provision by the State party of adequate and reasonable notice for all affected persons prior to the scheduled date of eviction and legal aid for their defence. 31 In the Committee’s view such protection is equally applicable and appropriate in other similar situations, such as mortgage foreclosure proceedings, which can seriously affect the right to housing. 12.2 The Committee considers that, in compliance with the aforementioned obligations, the authorities should take all reasonable measures and make every effort to ensure that the serving of notice of the most important acts and orders in an administrative or judicial procedure is conducted properly and effectively so that the persons affected have the opportunity to participate in the proceedings in defence of their rights. 12.3 Notification by public posting of notice can be an appropriate means of serving judicial notice consistent with the right to effective judicial protection. However, the Committee considers that its use in cases that might involve a violation of human rights such as the right to adequate housing, which require judicial oversight, should be a measure of last resort, particularly when applied to acts that set a procedure in motion. Its use must be strictly limited to situations in which all means of serving notice in person have been exhausted; and must ensure sufficient exposure and long enough notice that the affected person has the opportunity to take full cognizance of the start of the proceedings and can be a party to them. 12.4 Thus, insufficient notice of an application for mortgage enforcement, such as to prevent the person defending their rights in that procedure, represents a violation of the right to housing, and the Committee will now discuss whether the notice given in the present case was inadequate or not. Analysis of the case 13.1 The Committee’s task in considering a communication is not to verify whether or not the domestic judicial and administrative procedures were carried out in accordan ce with domestic law. Its task is simply to consider whether the facts of the communication constitute a violation by the State party of the economic, social and cultural rights contained in the Covenant. The Committee considers that it is in the first place for the courts of States parties to evaluate the facts and the evidence in each particular case, and the application of domestic law, and that these aspects are only __________________ 29 30 31 GE.15-17368 See the Committee’s general comment No. 9 (1998), on the domestic application of the Covenant, para. 2. See the Committee’s general comments Nos. 3, para. 5; 7, paras. 9, 11 and 15; and 9, para. 2. See the Committee’s general comment No. 7, para. 15. 13/16