ABSTRACT

This chapter looks in particular at the meaning of the relevant aspects of progressive realization as incorporated in article 2(1) International Covenant on Economic, Social and Cultural Rights (ICESCR) and the obligations it brings about for the right to housing. It also discusses the possibility of adopting retrogressive measures and the potential and recommendable impact of such a standstill obligation. As with the approach to progressive realization, similar obligations of a more immediate nature seem to have found their way into housing rights-related decision-making of the European Committee of Social Rights. With regard to the immediate implications of the Covenant rights, General Comment No. 3 also says that a state party must provide a minimum core. A final potential problem with applying the prohibition of retrogressive measures as a way to improve the realization of socio-economic rights at the domestic level is the inaccurate application of the principle by national judges.