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The principle of non-retrogression might need further development, especially from the side of the CESCR, but has great potential to help combat these urgent challenges and to protect human rights. This week’s post is by our Regional Correspondent for Europe, Gema Ocaña Noriega.
- Introduction
- Retrogression: Its Role and History
- Retrogressive Measures; Retrogressive Effects
- Diagnosing State Action
- Proving Retrogression
- Examinations: Timing and Triggers
- Where to Next?
- Conclusions
Can law control reductions in human rights protection? If it can, what sort of reductions should it concern itself with? Do all reductions in social standards amount to violations of human rights law? If not, what kind of reductions are justifiable? One of the primary international human rights treaties provides a prototype of legal doctrine that s...
The doctrine of non-retrogression found its way into the socio-economic rights cannon in the most inauspicious of manners. An early General Comment of the Committee on Economic, Social and Cultural Rights (CESCR) sought to shed light on a range of concepts and obligations that were contained in the international social and economic rights treaty. A...
The closer that the CESCR’s doctrine of non-retrogression is examined, the more complex it becomes. We know that in essence the doctrine aims to address backwardness (and perhaps also stagnation). But backwardness in what? Focus too closely on backwards effects of a policy measure, and human rights actors must sit back and wait for damage to manife...
Another indicator of the nascence of the doctrine of retrogression can be seen in the difficulties in identifying the wrongdoing contained in a State action or inaction. It is clear from the Committee’s work that the doctrine is seeking to address backwards steps (and perhaps stagnation) in rights protections. Further, as seen in the discussion abo...
The process of demonstrating retrogression depends greatly on the version of the doctrine that is followed. This has been argued in that the detail of the doctrine’s application is inconsistent and unclear. The CESCR has done little to discourage such conflicts between the versions of its doctrines either implicitly through its restatements of the ...
The CESCR has a mere six hours with which to examine and question States on—at least—five years’ worth of human rights issues.77 Even when a State faces its six-hour examination, the irregularity of that examination may allow the State to avoid effective scrutiny. While States are notionally subject to a review every five years, there was in fact a...
From the discussion above, it is evident that the doctrine of non-retrogression must adapt in future in order to be useful to the monitoring Committee, States, NGOs and individuals. However, to avoid encountering similar levels of fracture and organically grown complexity in future, the doctrine needs more than a patchwork of repairs to address the...
The CESCR (and all of the United Nations treaty bodies) face colossal operational challenges and must apply a framework of obligations that is, in many respects, still under development. Yet, in the current era of crisis and drawback from rights, it is essential that there is a renewed focus on the tools available and on their basis in principle. N...
- Ben T C Warwick
- 2019
People also ask
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May 8, 2024 · ethics, the discipline concerned with what is morally good and bad and morally right and wrong. The term is also applied to any system or theory of moral values or principles. (Read Britannica’s biography of this author, Peter Singer.)
Jun 22, 2020 · Unlike a rapid collapse into authoritarianism, a “constitutional retrogression” is a “more subtle, incremental erosion to three institutional predicates of democracy occurring simultaneously: competitive elections; rights of political speech and association; and the administrative and adjudicative rule of law.”.
formal us / ˌret.rəˈɡreʃ. ə n / uk / ˌret.rəˈɡreʃ. ə n / Add to word list. the act of returning to an older and worse state: Incompetent management has led the economy to retrogression. A society which sidelines women is heading toward retrogression. See. retrogress. Fewer examples. We are focusing on progression and not retrogression.
The Beer decision, Beer v. U.S., went further, to define retrogression as a failure to preserve the ability of minority voters to elect candidates of their choice. This standard was ratified when the Congress extended section 5 in 1982, and was consistently applied by the courts and the Department of Justice for more than a quarter century.
Aug 10, 2023 · Historically, retrogression has occurred every summer prior to COVID-19. The dates progress significantly when the new fiscal year starts on October 1 st. This is when the new quota of Employment Based (EB) visas are allocated. In this blog, Avant Healthcare Professionals will provide information about visa retrogression and what that means for ...
