General Obligations under the CRPD

While this module does not focus in depth on the steps that Member States and other stakeholders are to take to give effect to the substantive provisions of the Convention, it is important to note that Article 4 of the CRPD sets out the “General Obligations” of its States Parties. These comprise a series of specific measures, including law and policy reform, research, and training to be taken towards its implementation.

Actions to be Taken by States Parties

  • Adopt legislation and administrative measures to promote the human rights of persons with disabilities.
  • Adopt legislative and other measures to abolish discrimination.
  • Protect and promote the rights of persons with disabilities in all policies and programmes.
  • Stop any practice that breaches the rights of persons with disabilities
  • Ensure that the public sector respects the rights of persons with disabilities.
  • Ensure that the private sector and individuals respect the rights of persons with disabilities.
  • Undertake research and development of accessible goods, services and technology for persons with disabilities and encourage others to undertake such research.
  • Provide accessible information on assistive technology to persons with disabilities.
  • Promote training on the rights of the Convention to professionals and staff who work with persons with disabilities.
  • Consult with and involve persons with disabilities in developing and implementing legislation and policies and in decision-making processes that concern them.

Source: UNDESA, OHCHR, IPU, Handbook for Parliamentarians: From Exclusion to Equality: realizing the rights of persons with disabilities (2007).

Specific measures required of States Parties are further elaborated on in other provisions of the CRPD, which specify actions required in connection with the different rights that the Convention affirms.

A common concern regarding the ratification of international human rights treaties is that, once ratified, Governments will have to implement immediately all the rights enshrined in the treaty. Article 4 addresses this concern, reaffirming that State parties are to ensure progressive realization of economic, social, and cultural rights.

Progressive Realization of Economic, Social and Cultural Rights under CRP

Article 4 of CRPD reaffirms the obligation of States to implement progressively economic, social and cultural rights. The recognition that the full realization of economic, social and cultural rights may be constrained by limited resources is balanced by the requirement that measures should be undertaken to the limit of a State’s available resources and, where needed, within the framework of international cooperation.

Progressive realization gives State parties, particularly developing countries, some flexibility in terms of achieving certain of the Convention’s objectives. However, State parties do have an immediate obligation to ensure a minimum essential level of enjoyment of each economic, social and cultural right and to take steps towards the progressive realization of these rights. To proceed, a State can for example develop a plan of action which should include the following: a time frame for implementing economic, social and cultural rights; time-bound benchmarks of achievement; and indicators of success.

Article 4 further specifies that, in undertaking progressive realization of rights, there is to be no prejudice to those obligations contained in the Convention that are immediately applicable according to international law. For example, discrimination on any grounds, including disability, is always forbidden, regardless of the level of realization of economic, social and cultural rights. Moreover, unlike economic, social and cultural rights, civil and political rights are not subject to progressive realization. In other words, State parties must realize these immediately. 

 

See Learning Activity 2.C.1. titled Challenges to the Successful Implementation of the CRPD.