Does the Commonwealth have an obligation to introduce measures to ensure that its international treaty obligations are implemented?
Yes. International law clearly establishes that States must do more than merely refrain from measures that would impede the exercise of human rights.21 For example The obligation of States parties to the Covenant [on Economic, Social and Cultural Rights] to promote progressive realization of the relevant rights to the maximum of their available resources clearly requires Governments to do much more than merely abstain from taking measures which might have a negative impact on persons with disabilities. The obligation in the case of such a vulnerable and disadvantaged group is to take positive action to reduce structural disadvantages and to give appropriate preferential treatment to people with disabilities in order to achieve the objectives of full participation and equality within society for all persons with disabilities. This almost invariably means that additional resources will need to be made to available for this purpose and that a wide range of specially tailored measures will
