According to its ordinary meaning, the term ‘progressive’ means ‘making continuous
forward movement.’. Thus, States Parties are required to take steps forward
continuously in order to achieve the full realisation of the rights recognised in the
instruments.^112 The Icelandic Human Rights Centre considers this obligation to be
immediately applicable and not subject to limitation. States, regardless of their level of
development, must take steps immediately to achieve the full realization of the rights
enshrined in the Convention. Persons with disabilities living in Canada are entitled by
virtue of the CRPD, to expect that Canada, a nation with relatively ample resources, will
progress quickly to achieve the full realization of the rights enshrined in the CRPD.
X. Legal Professionalism in Light of the CRPD
In a thought provoking article, H. Archibald Kaisar has articulated a moral dimension of
legal professionalism in the wake of the CRPD. Kaisar argues that the primary
responsibility for ensuring compliance with CRPD Article 4(1)(e), that is to take all
appropriate measures to eliminate discrimination on the basis of disability by any
person, organization or private enterprise, falls upon individual members of the legal
profession, its law societies and federations.^113 Kaisar considers it a reasonable
expectation that lawyers will become familiar with the CRPD as the treaty is a source of
law, broadly conceived.^114 Lawyers must understand the CRPD as law, in view of the
Convention being used as an interpretive guide in construing legislation and the
Charter.^115
Lawyers must not only be aware of this branch of the law as part if their duty to be
competent. The CRPD principles of equality participation and inclusion must be
incorporated in other ethical responsibilities.^116
(^112) Ibid.
(^113) H Archibald Kaisar, “The Convention on the Rights of Persons with Disabilities: Beginning to Examine
the Implications for Canadian Lawyers’ Professional Responsibilities” (2012) 20 Health L Rev No 2 26. 114
115 Ibid^ at para 12.^
116 Ibid.^
Ibid.