European implementation and monitoring UNCRPD

Inmaculada Placencia Porrero

Deputy Head of Unit DG Employment social affairs and equal opportunities

European Commission [email protected]

Art 33

• 1 or more focal points ( matters of implementation) • Coordination mechanisms (sectors and levels) • Independent mechanisms (promote, protect and monitor implementation) • Civil society participation monitoring

Role of the EC

• Regional Integration Organization art 44.1 UNC • Double implication of the UNCRPD – Vis a vis MS (declaration of competences) – Community institutions (art 300.7 TEC) • Art 33 organizations at both levels: EC as Regional Integrations organisations + EC Institution: – Focal point – Independent mechanism – Coordination mechanism • Governance (EC Participation to): – Conference of State Parties – Committee on the Rights of Persons with disabilities

Commission proposals for conclusion (1) • • • • • Proposal for a Council Decision concerning the conclusion (formal confirmation), by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities COM (2008) 530-1 Proposal for a Council Decision concerning the conclusion (accession), by the European Community, of the Optional Protocol to the United Nations Convention on the Right of Persons with Disabilities COM (2008) 530-2.

29 August 2008 COHOM Content – Approval – Deposition of instrument – Commission organization issues related to art 33 – Reporting – Representation – Procedural articles (amendment, denunciation) – Declaration of Competence – Reservation

Commission proposals for conclusion (2) Article 3 • The Commission to be the Focal point • Community institutions may establish a coordination mechanism (ref to art 33.1 UNC) • Council to decide on Commission proposal for establishment of independent mechanisms (ref to art 33.2 UNC)

Commission proposals for conclusion (3) Other issues • Art 4 Commission to nominate expert to the Committee on behalf of the Community • Art 5 MS to submit report to Commission on matters falling under EC competence.

– Modus operandi by Commission • Art 5 Community institutions to decide by common agreement on reporting • Art 6 The Commission to represent the Community in UN bodies in areas falling under Community competence.

Commission proposals for conclusion (4) • Optional protocol – Approval – Deposition of instrument – Obligation of mutual information and cooperation when community law is involved – Submission of communications – Procedural articles (amendment, denunciation) – Declaration of Competence – Reservation

EFC study

• Focal Point-> – Commission • Coordination Mechanism-> – DHLG, – ISG,

• Independent Mechanism->

– ombudsman, – FRA

Organization and actors disability matters EC

• High level group on disability • Inter service group on disability • DGs disability sector activities • Sectors High level groups • Disability units • Instruments: – ISC – IA • Other institutions – CWG, – EP – (inter institutional mechanism)

Considerations

• Link to article 31 on statistics and data collection • Links to article 35 on reports by State Parties (measures, progress, 2 years ) • Committee shall decide guidelines for reports • Involvement persons with disabilities (involvement and support)

UN Convention implementation

• Annual disability Minister meeting • Presidency Conclusions • Annual Disability High level Group report on implementation http://ec.europa.eu/social/BlobServlet?docId=2790&langId=en • Annual Information Note http://ec.europa.eu/social/main.jsp?catId=431&langId=en • Annual Presidency Conference • European Disability Strategy: Present and future

New disability strategy

• Implement the UNC • Common challenges and solutions • Indicators, targets, • NGOs support and involvement • Consultations for preparation • Work forum in 2010 coordination

Conclusion

• Cooperation with MS • Implementation within Community institutions • Participation of civil society • Best practices