undertake a number of measures to achieve that end.^105 The General Comments that
speak to the ICESCR are applicable to Canada’s obligations under the CRPD.
The notion of ‘progressive’ realization using ‘available resources,’ contained in some
economic, social and cultural rights treaties such as Article 2 of the ICESCR, has given
rise to uncertainty with regard to the nature and extent of states’ obligations. Some
have interpreted this provision as meaning that economic, social and cultural rights are
mere ‘aspiration’, without creating real obligations for states.^106
Certainly, economic, social and cultural rights involve progressive realization to a
greater extent than civil and political rights.^107 The full realization of all human rights
requires states to progressively develop policies and targets. While compliance with the
principle of ‘progressive realisation’ depends on the availability of resources in each
state, this notion also imposes legally binding obligations on states.^108
The Icelandic Human Rights Centre concludes some of these obligations include taking
steps to continuously improve the conditions^109 and abstaining from deliberately taking
retrogressive measures except under specific circumstances.^110 A ‘deliberate
retrogressive measure’ means any measure that implies a step back in the level of
protection accorded to the rights contained in the Covenant, which is the consequence
of an intentional decision by the state.^111 An interesting question to contemplate in the
Canadian context is whether Canada would be in breach of its obligation to abstain
from taking a deliberate retrogressive measure if it imposed a reduction in public
expenditures devoted to implementing economic, social and cultural rights, in the
absence of adequate compensatory measures aimed to protect the injured individuals.
(^105) Supra note 1, Articles 3-4.
(^106) Icelandic Human Rights Centre, The Right to an Adequate Standard of Living, online:
http://www.humanrights.is/the-human-rights-
project/humanrightscasesandmaterials/humanrightsconceptsideasandfora/substantivehumanrights/therig
httoanadequatestandardofliving/. 107
108 Ibid.^
109 Ibid.^
110 Ibid.^
111 Ibid.^
Ibid.