within a reasonable time and to address broader structural patterns of disadvantage.^99
An immediate obligation is the requirement to design and implement appropriate
strategies through legislation and programs aimed at achieving full compliance in the
future.^100
The UN Committee on Economic, Social and Cultural Rights has produced a series of
General Comments intended to assist States in their understanding of the rights set out
in the International Covenant on Economic Social and Cultural Rights.^101 The meaning
of progressive realization in the context of the International Covenant on Economic
Social and Cultural Rights is considered in the General Comments which also discuss
steps that States must take to create strategies for progressive realization. The
General Comments stress an overriding obligation to develop clearly stated and
carefully targeted policies.^102 The UN Committee notes that while the ICESCR rights
are subject to progressive realization, there are two overriding obligations which are of
immediate effect: the obligation to ensure non-discrimination and the obligation “to take
steps.” The General Comment No 3 states that these steps “should be deliberate,
concrete and targeted as clearly as possible towards meeting the obligation recognized
in the Covenant.”^103 The Committee further calls upon States to create national
strategies based on human rights principles to ensure that rights such as adequate
food, the right to social security, the right to work, and the right to health and water are
fulfilled.^104
The General Principles in Article 3 of the CRPD and the General obligations in Article 4
outline the responsibilities of States Parties to ensure non-discrimination and to
(^99) Bruce Porter & Martha Jackman, “International Human Rights and Strategies to Address
Homelessness and Poverty in Canada: Making the Connection”, Social Rights Advocacy Centre
(September 2011) at 39. 100
101 Ibid.^
United Nations Committee on Economic, Social and Cultural Rights, General Comment No. 19: The
Right to Social Security (art 9), UNESCOR, 39th Sess, 2007, UN Doc E/C.12/GC/19 [General Comment
19]. 102
103 Porter & Jackman, supra note 94 at 40.^
United Nations Committee on Economic, Social and Cultural Rights, General Comment 3:The Nature
of States Parties Obligations (art. 2, para. 1 of the Covenant), UNESCOR, 5th Sess, 1990, UN Doc
E/1991/23 [ 104 General Comment 3].
Porter & Jackman, supra note 94 at 42.