A/HRC/4/75
page 10
Human rights obligations are sometimes categorized as obligations to respect, protect and fulfil
human rights.3 The following groups the obligations identified under article 4 according to these
three general categories:
(a)
The obligation to respect - States parties must: refrain from engaging in any act
or practice that is inconsistent with the Convention; modify or abolish existing discriminatory
laws, customs and practices; closely consult with and actively involve persons with disabilities in
the development and implementation of legislation and policies to implement the Convention;
(b)
The obligation to protect - States parties must take all appropriate measures to
eliminate discrimination on the basis of disability by any person, organization or private
enterprise;
(c)
The obligation to fulfil - Many of the specific obligations on States fall within this
category. For example, States must adopt legislative, administrative, policy, programmatic and
other measures to implement the rights of persons with disabilities; undertake or promote
research and development into relevant goods and services, provide accessible information to
persons with disabilities on relevant technology and other assistance, services and facilities;
promote training of professionals and staff working with persons with disabilities.
32.
Article 4 also makes specific reference to the obligations on States parties in relation to
the economic, social and cultural rights of persons with disabilities. The article acknowledges
that some aspects of these rights are immediately realizable while other aspects are subject to
progressive realization.4 In other words, while some aspects of these rights - such as the
prohibition on discrimination, the prohibition on acts that infringe rights and so on - are subject
to immediate implementation, other aspects of these rights require the dedication of resources
over time. As noted by the Committee on Economic, Social and Cultural Rights, the
acknowledgement of the progressive nature of some obligations concerning economic, social and
cultural rights reflects the realities of the real world and the difficulties of any country in
ensuring full realization of these rights, particularly in light of resource constraints. However,
the Committee also notes the progressive realization of economic, social and cultural rights
3
The Committee on Economic, Social and Cultural Rights now regularly refers to the typology
of obligations (respect, protect and fulfil) in relation to economic, social and cultural rights in its
recent general comments. The Human Rights Committee has also used the typology, although
less systematically: see e.g., Human Rights Committee, general comment No. 31 (2004) on
“The Nature of the General Legal Obligation Imposed on States parties to the Covenant”.
4
Article 4 (2) states: “With regard to economic, social and cultural rights, each State party
undertakes to take measures to the maximum of its available resources and, where needed,
within the framework of international cooperation, with a view to achieving progressively the
full realization of these rights, without prejudice to those obligations contained in the present
Convention that are immediately applicable according to international law.”
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