Transcript Homeless Persons’ Legal Clinic Induction Training

UN Convention on the Rights of
Persons with Disabilities:
Individual Complaints Procedure
Ben Schokman
Director — International Human Rights Advocacy
Human Rights Law Resource Centre Ltd
[email protected]
+ 61 3 8636 4451
www.hrlrc.org.au
Overview
1.
Overview of the international human rights system
2.
Why make a complaint to the United Nations
Disability Committee
3.
How to make a complaint to the Disability Committee

Process

Admissibility of complaints

Writing a complaint
4.
A few words about the practical realities…
5.
Further information and resources
UN Human Rights System
Security Council
Secretary–General
and UN Secretariat
General Assembly
Economic and
Social Council
(ECOSOC)
Human Rights
Council
-Special Procedures
-Universal Periodic Review
Treaty Bodies
Office of the High
Commissioner for
Human Rights (OHCHR)
UN Specialised
Agencies
Such as UNDP,
UNHCR, UNICEF,
WHO, ILO
and many others
Human Rights Treaties

Universal Declaration of Human Rights 1948

International Convention on the Elimination of All Forms of Racial
Discrimination 1965

International Covenant on Economic, Social and Cultural Rights 1966

International Covenant on Civil and Political Rights 1966

Convention on the Elimination of Discrimination Against Women 1979

Convention Against Torture 1984

Convention on the Rights of the Child 1989

[International Convention on the Protection of the Rights of All Migrant
Workers 1990]

[Convention for the Protection of All Persons from Enforced
Disappearance 2006]

Convention on the Rights of Persons with Disabilities 2006
Context


Why use international human rights?

To secure the domestic implementation of international
human rights obligations and standards

To use the outcomes of these mechanisms in litigation,
policy development and advocacy
The international human rights system is a
means and not an ends
Disability Convention

Purpose, definitions and principles (articles 1-3)

General obligations (article 4)

Protected human rights (articles 5 to 33)

Committee on the Rights of Persons with
Disabilities (article 34)

Periodic reports by States Parties (article 35)
(NGO Reporting process)
Optional Protocol

Additional treaty – recognises the jurisdiction of the
Disability Committee to receive complaints from
individuals or groups who claim to be a victim of a
breach of the Disability Convention (article 1)

Australia ratified the OP on 21 August 2009 
cannot bring complaints for violations prior to this
date

See Committee’s Rules of Procedure: Rules 55-77
Process – Admissibility

Complaint (or “communication”) is sent to the
OHCHR (Petitions Unit) for initial assessment

Provide a summary to the relevant Committee’s
“Special Rapporteur” on New Communications

Decision by Special Rapporteur whether to register
the complaint
99% of complaints are inadmissible

Majority are prepared without legal assistance
Admissibility

State must be a party to the Convention and the
Optional Protocol

Must not be anonymous, ie must be an individual or a group

Must be a violation of a right under the Convention

Must not be under examination by another international
procedure

Domestic remedies must be exhausted

Communications may be received in alternative formats
(see Article 2 of the Optional Protocol and Rule 57)
Process – Complaint

State Party has 6 months to respond on
admissibility and merits of the complaint

Committee may request further comments or
information from the State Party or the author

Admissibility and merits of the communication is
considered by the Committee in closed session

“View” issued by Committee (which often includes
recommendations)
Drafting a Complaint

Complaints should be comprehensive:


Address all of the admissibility requirements
Consider including a barrister’s advice on exhaustion of
domestic remedies

Provide details of all relevant facts and supporting documents

Clearly identify the rights that are engaged and how they are
said to be violated

Legal analysis must be thorough, accurate and
well-referenced

Include information about the remedies that are sought
Follow up on Views

State Party has 6 months to communicate what
has been done to implement the decision of
the Committee

Role of NGOs

Disseminate Views

Lobby government

Maintain contact with the Committee’s secretariat
Practical reality…

General considerations:


Committee’s recommendations are “optional” and
“unenforceable”

Attitude of the Australian Government?

Communications procedure can be a long process
Domestic considerations:

Limited constitutional and legal framework in Australia

Outcomes can influence executive decision-making and
policy development
Further Information

OHCHR (www.ohchr.org)

Committee page:
http://www.ohchr.org/EN/HRBodies/CRPD/Pages/CRPDIndex.aspx


UN Enable: http://www.un.org/disabilities/
HRLRC (www.hrlrc.org.au)


Human Rights Law Resource Manual – Ch 6
Examples of previous communications (eg Nystrom)
UN Convention on the Rights of
Persons with Disabilities:
Individual Complaints Procedure
Ben Schokman
Director — International Human Rights Advocacy
Human Rights Law Resource Centre Ltd
[email protected]
+ 61 3 8636 4451
www.hrlrc.org.au