comes to an end. There is similarly no provision, beyond the standard system of State
reporting, for the recording, examining , and scrutinizing the emergency measures taken.
The brevity and informal format of the CESCR’s Letter should not mask the serious and
problematic alterations that it contains. While, in the abstract, a ‘conceptual shift’ may not
appear to threaten the advancement of socio-economic rights, the general applicability of, and
substantial freedom afforded by, the changes should raise concerns. If derogation-style
changes to the ICESCR’s regime of non-retrogression are to be made, close attention should
be paid to the consequent substantive and procedural changes they bring to the ICESCR more
generally. Without such scrutiny the doctrine of non-retrogression risks aiding States during
economic crises, while doing little to protect individuals’ socio-economic rights.
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