Concepts of Non-Retrogression in Economic and Social Rights

ABSTRACT: International economic and social rights law is based on six general obligations, including non-retrogression. The United Nations Committee on Economic, Social and Cultural Rights has struggled to develop an obligation of non-retrogression. Structurally, non-retrogression is formed of a prohibition on retrogressive measures and criteria that can pass a measure as permissible retrogression. The doctrine has evolved over time, with ten distinct versions, each with a variety of implications for understanding economic and social rights. This article posits that approaches to non-retrogression can be grouped into four conceptual models. These models help analyze the doctrine’s position relative to the broader set of economic and social rights obligations. In addition to identifying these concepts, this article shows how they can be used to identify the essence of non-retrogression. It also proposes a more conceptually coherent approach that can provide a way forward for economic and social rights.