Cases violating CRPD art 4(2) (1)
Note that committees can record actual or potential violations.
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.
CRPD art 4(2)Henley v Australia (CRPD, 2022)
Partially remedied
Lauren Henley, who is blind, alleged Australia’s failure to make audio description available on free-to-air television violated her rights to access to information, communications and other services, including electronic services (art 9(1b)); and to access television (art 30(1b)), in conjunction with art 4(1) (non-discrimination) and art 4(2) (the right to have economic, social and cultural rights realised progressively and with maximum available resources). The Committee on the Right of Persons with Disabilities agreed and recommended individual remedies and non-repetition measures.
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