Progressive Realization in Relation to Economic, Social, and Cultural Rights

While some aspects of implementing the CRPD, such as prohibiting disability discrimination, are relatively cost-free, other obligations do carry cost implications. This

is no different from implementation of other human rights treaty obligations and, like other human rights conventions, the CRPD applies the concept of “progressive realization” in relation to economic, social and cultural rights. Progressive realization recognizes

that States have different economic capacities and, accordingly, varying levels of ability

to implement economic, social and cultural rights fully within a given timeframe. Progressive realization therefore allows States to take steps to the maximum possible extent in relation to their available resources. This does not mean that implementation can be delayed, however. It means that implementation can occur over time based on the available resources. In implementing economic, social, and cultural rights, such as the right to education, the right to health, or the right to work, the following must be taken into consideration:

• States must take immediate action to advance the realization of economic, social and cultural rights over time. They may therefore not do nothing on the grounds that they have no resources.
• Many obligations in the CRPD may be implemented at little or no cost and thus should be executed immediately (for example, repealing discriminatory laws).
• Where obligations do have cost implications, States must develop a plan that sets out what can be achieved immediately and what can be achieved gradually over time.
• There should be no retrogressive steps: in other words, once improvements in disability rights have been achieved, the State should maintain funding at that level and not allow it to diminish.