Views from inside the CRPD Committee Theresia Degener Let‘s get ready (for ratification !) Dublin, Ireland 17 May 2013 (DFI / CDLP conference)
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Views from inside the CRPD Committee Theresia Degener Let‘s get ready (for ratification !) Dublin, Ireland 17 May 2013 (DFI / CDLP conference) Agenda 1. 2. 3. 4. 5. Becoming a party to the treaty The CRPD Committee & how it monitors The reporting cycle and issues of dialogue The role of civil society Outlook & example Japan Theresia Degener 2013 2 1. Becoming a party to the CRPD & OP Two steps procedure One step procedure Accessions Signatures Ratifications Or Formal Confirmations Theresia Degener 2013 3 Difference between signature and ratification? Signature: Ratification: Indication: state will take steps to be bound Legally binds state to implement treaties subject to valid rervations, declarations and understandings Obligation: refrain from counteraction Theresia Degener 2013 4 2. The CRPD Committee & how it monitors The CRPD Committee • 18 treaty members • CRPD: 130 parties (155 sign) OP: 76 (91) • 45 reports received, 50 overdue • 7 States fully reviewed • Meeting time: 5 weeks in Geneva – Backlog: 5 years! Other agents • 1 of 10 treaty bodies • State Party Conference in NYC • National monitoring systems Theresia Degener 2013 5 Monitoring procedures & working methods • • • • • • State Party Reports Individual Complaints Inquiry Procedures Early Warning Measures General Comments Statements Theresia Degener 2013 6 3. The reporting cycle and issues of dialogue State Report List of Issues Concluding Observations Response to LOI Constructive Dialogue Theresia Degener 2013 7 Issues in dialogue • Human rights model of disability • Ending institutionalization • Abolishing segregation • Replacing substitute decision making • Freedom and equality for disabled women • Rights for disabled children Theresia Degener 2013 8 4. The role of civil society Alternative Report State Report List of Issues Concluding Observations & Follow up Recommendations for LOI Response to LOI Constructive Dialogue Recommendations for Theresia Degener 2013 Questions 9 5. Outlook & example Japan • Ratification is only the beginning • Implementation of human rights is a process • Meaningful participation of civil society is crucial • International Monitoring needs to be complemented by effective national monitoring Ms Nagoya outside the Tokyo district court- the banner reads: I have won the case © 2013 Shima Keiko Theresia Degener 2013 10