Transcript Introduction to the Convention: history, main features and

Implementing article 33 of the
Convention: cases, positions
and lessons
Linnéa Arvidsson
Regional Office for Europe
UN Human Rights
Yet the experience of other human rights treaties
teaches us that ratification alone will not make a
tangible change in the life of people. What need to
happen, as you know, if for States to implement the
treaty at the national level through the adoption of
all relevant legislative, judicial, administrative, and
educational measures. Only then societies truly
“own” a human rights treaty, and through this
ensure that positive change happens.
UN High Commissioner for Human Rights
Opening Statement
Panel Discussion on National Frameworks for the Implementation and Monitoring of the
Convention on the Rights of Persons with Disabilities
Human Rights Council 13th Session, 5 March 2010
national mechanisms
National mechanisms for implementation and
monitoring of the CRPD
national mechanisms
focal points &
coordination
mechanism
courts &
tribunals
parliament
oversight
(government)
implementation
of CRPD
civil society,
PWDs & DPOs
national
monitoring
framework
Focal points and coordination mechanisms at
government level
“States Parties, in accordance with their
system of organization, shall designate one or
more focal points within government for
matters relating to the implementation of the
present Convention, and shall give due
consideration to the establishment or
designation of a coordination mechanism
within government to facilitate related action
in different sectors and at different levels.”
art. 33 (1)
-Focal point or focal points? Ex. South Africa, Australia
-Coordination mechanism? Australia
national mechanisms
National monitoring framework
national mechanisms
“States Parties shall…
…maintain, strengthen, designate or establish… a
framework, including one or more independent
mechanisms…
…to promote, protect and monitor implementation
of the…Convention
…take into account the principles relating to the
status and functioning of national institutions for
protection and promotion of human rights.
Art.33 (2)
independence
adequate resources
civil society involvement
national mechanisms
The organizational structure of the monitoring
framework: alternatives and preferences
Option A
One national human rights institution: link between
framework and Paris Principles i.e. Germany
Option B
More than one independent mechanism: “mechanism of
mechanisms” i.e. Northern Ireland
Option C
‘Cocktail’ of independent mechanisms and other entities (ex.
parliamentary committees, judiciary, the media…)
Requires guarantee of independence; not applied yet
national mechanisms
The Paris Principles in the context of the CRPD
•Independence guaranteed either by statutory
law or constitutional provisions
•Pluralism in roles and membership
•Broad mandate
•Adequate powers of investigation (mediation
& conciliation; quasi judicial HR tribunal,
intervention in proceedings)
•Regular and effective functioning
•Adequate funds not subject to financial
control which might affect independence
•Accessibility
Functions of the national monitoring framework
national mechanisms
National Human Rights Institution (NHRI)
promote
 awareness-raising
 encourage ratification
 human rights education
programmes
 training of public officials
and NGOs
protect
 individual complaints
 participation in litigation
combat discrimination
 intervention
 link with media and
parliament
monitor
conduct of public inquiries
harmonization of legislation
with international standards
contribute to UPR and
reports to treaty bodies
 field monitoring
 cooperation with regional
and United Nations orgs
 report annually (at least)
 recommendations to the
Government
Participation and involvement of civil society and persons
national mechanisms
with disabilities
Civil society, in particular persons with
disabilities and their representative
organizations, shall be involved and participate
fully in the monitoring process.
art. 33 (3)
disability
power
national mechanisms
Role of parliaments
Parliamentary committees
Commissions of inquiry
Direct questioning of ministers
Scrutiny of executive appointments
Oversight over non-governmental public agencies
Budgetary scrutiny and financial control
national
mechanisms
Roles of national courts & tribunals
inform courts’ decision-making through CRPD provisions;
support treaty implementation (disability-related judgments
as indicators of success);
monitor compliance of national legislations with CRPD;
 issue judgments that prevent unlawful measures and
attitudes;
visit key institutions to prevent abuses against persons with
disabilities
national monitoring mechanism & judiciary ->
complementary and mutually support
Issues:
Case referral
 Principle sharing (independence and de-politicization)
Accountability (of state officers including judges, prosecutors and lawyers)
Redress for PWDs
sources, references & websites
Ref &web
A/HRC/13/29
United Nations
General Assembly
Distr.: General
22 December 2009
Original: English
Human Rights Council
Thirteenth session
Agenda item 2
Annual report of the United Nations High Commissioner
for Human Rights and reports of the Office of the
High Commissioner and the Secretary-General
Thematic study by the Office of the United Nations
High Commissioner for Human Rights on the
structure and role of national mechanisms for the
implementation and monitoring of the Convention
on the Rights of Persons with Disabilities
Summary
The present study focuses on national mechanisms for the implementation and
monitoring of the Convention on the Rights of Persons with Disabilities.
Chapter II provides a brief overview of the Convention and its status. Chapter III
provides an overview of mechanisms and procedures for monitoring the Convention at
international and national level. Chapter IV focuses on national mechanisms for the
implementation and monitoring of the Convention. This chapter highlights the close
relation between the concepts of implementation and monitoring contained in human rights
treaties, introduces the implementation and monitoring structures envisaged in article 33 of
the Convention and discusses the key characteristics and roles of each of the mechanisms.
On the basis of the submissions received for this study, this report provides illustrative
examples of how States parties have given effect to article 33 in their domestic framework.
Chapter V sets out conclusions and recommendations for the establishment or designation
of effective implementation and monitoring frameworks for the Convention at national
level.
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OHCHR Thematic study to
enhance awareness structure
and role of national
mechanisms for the
implementation and
monitoring of the CRPD
A/HRC/13/29, 22.12.2009
From Exclusion to Equality
Realizing the rights of persons with disabilities
Handbook for Parliamentarians on the
Convention on the Rights of Persons
with Disabilities and its Optional Protocol
UN/OHCHR/IPU, 2007, Chapter 7
Convention on the Rights of Persons with Disabilities (CRPD)
Human Rights Council Resolution 10/7
Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly
resolution 48/96), available at: http://www.un.org/documents/ga/res/48/a48r096.htm
Human Rights Council, Interactive Panel Discussion, National frameworks for the Implementation
and Monitoring of the Convention on the Rights of Persons with Disabilities, Friday 05 March 2010;
Geneva, Palais des Nations
Thematic Study by the Office of the United Nations High Commissioner for Human Rights on
enhancing awareness and understanding of the Convention on the Rights of Persons with
Disabilities, A/HRC/10/48 , 26 January 2009
Informal report of the OHCHR consultation on national frameworks for the implementation and
monitoring of the Convention held on 26 October 2009:
http://www2.ohchr.org/english/issues/disability/docs/ReportConsultation26102009.doc.
Paris Principles, adopted by the General Assembly in resolution 48/134