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Chapter 2: Understanding the UK Government’s obligations
possible towards that goal and also impose obligations which have immediate
effect. 36 In its General Comment on the scope of the right to social security
under ICESCR, the CESCR explained:
To demonstrate compliance with their general and specific obligations,
States Parties must show that they have taken the necessary steps
towards the realisation of the right to social security within their
maximum resources, and have guaranteed that the right is enjoyed
without discrimination and equally by men and women. 37
The ‘duty to take steps’ under ICESCR Article 2(1) has been interpreted as
imposing an immediate obligation on governments to adopt a national strategy
and plan of action to realise economic, social and cultural rights. 38 With regard
to social security, the strategy and action plan should take into account the
equal rights of the most disadvantaged and marginalised groups and respect
people's participation. 39 The strategy should also set targets to be achieved
and the time-frame for their achievement, together with corresponding
indicators, against which they should be continuously monitored. 40 It must also
contain mechanisms for obtaining financial and human resources. 41 UNCRPD
Article 33 requires States to establish, maintain or strengthen a framework to
monitor implementation of the Convention; monitoring processes must
involve, and ensure the participation of, civil society and in particular disabled
people.
2.3.4 Equality and non-discrimination
Under Article 2(2) of ICESCR, the UK Government is under an obligation to
guarantee the rights contained in the Covenant without discrimination of any
kind as to race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status (‘prohibited grounds’).
This includes disability. With regard to disabled people, UNCRPD Article 5
36 See UN Committee on Economic Social and Cultural Rights, General Comment No 3 on on The
Nature of States Parties' Obligations (Art 2 (1)), UN Doc E/1991/23 (1990), para 9.
37 CESCR, General Comment No 19, para 62.
38 See, eg, CESCR, General Comment No 19, para 68.
39 CESCR, General Comment No 19, paras 68, 69.
40 CESCR General Comment No 19, para 68.
41 CESCR General Comment No 19.
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