Alternative reporting to the Committee on the Rights of Persons with Disabilities Module 7.2

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Transcript Alternative reporting to the Committee on the Rights of Persons with Disabilities Module 7.2

Alternative reporting to
the Committee on the Rights
of Persons with Disabilities
Module 7.2
Objectives
 Understand the
purpose and
content of
alternative reports
to the Committee
 Understand the
process of drafting
and submitting
alternative reports
Module flow
 Civil society/NHRIs and the
Committee
 What is an alternative report?
 Structure of the report
 Methodology
 Data collection
 Content of the report
 Tips for recommendations
 Submitting the report to the
Committee
 Follow-up
The reporting cycle
Civil society
NHRI
Civil society
NHRI
STATE
submits report
COMMITTEE’s
follow-up
COMMITTEE
list of issues
STATE
implements
recommendations
STATE
submits answers
COMMITTEE’s
concluding
observations
Civil society
NHRI
COMMITTEE’S
SESSION
What is an alternative report?
The main objective of this report is to offer
complementary information to that provided by
the Government for the [Committee on the
Rights of Persons with Disabilities] in order to
offer some concluding observations to help
towards the better implementation of the
Convention
Alternative Report Spain 2010 - CERMI
Methodology
BUILD A COALITION
INITIAL REVIEW OF KEY ISSUES
LEGAL ANALYSIS
DATA COLLECTION
ANALYSIS AND IDENTIFICATION OF RECOMMENDATIONS
REVIEW BY CONSTITUENCIES AND FINALIZATION
Data collection
 Laws and policies
 Secondary materials:
• Statistical institute
• Ministries
• United Nations and World Bank
• National human rights institutions
• Academic sources
 Complaint such as court cases, complaints to the
ombudspersons
 Primary research
• Quantitative – household surveys
• Qualitative – interviews with rights-holders, expert
advice
Example: non-discrimination
The Committee’s reporting guidelines request
information on:
 Ability of persons to use the law for protection
against discrimination
 Effective measures to guarantee legal protection
 Policies and programmes to achieve de facto
equality
Example: non-discrimination
The Spanish Government responded:
 Legislation ensures full compliance with article 5
 However, some legislation might need to be
reviewed in the light of the Convention
 Effective supervisory and sanctions mechanisms are
in place
Example: non-discrimination
The Spanish alternative report stated:
 Legislation is not in compliance with the Convention
× requirement of 33 per cent disability
 Supervisory and sanctions mechanisms are
ineffective
× No data available
× No action on 10 complaints submitted
× No regional coverage
× Procedure is slow
Tips for recommendations
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Be clear
Only one action per recommendation
Identify responsible actors
Make recommendations measurable if possible
Propose a time frame for implementation where
relevant
 Link the recommendation with a particular
implementation challenge
 Avoid vague or general recommendations
Example: recommendation on
non-discrimination
The Committee recommends that the State party
systematize the collection, analysis and dissemination
of data, disaggregated by sex, age and disability;
enhance capacity-building in this regard; and develop
gender-sensitive indicators to support legislative
developments, policymaking and institutional
strengthening for monitoring and reporting on progress
made with regard to the implementation of the various
provisions of the Convention.
Structure of the report
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Executive summary
Table of contents
Description of the methodology
Background information
Key issues:
• Definitions, general principles and
obligations
• Substantive rights
• Rights of women, girls and boys
• Specific obligations
 Recommendations
Submitting the report
to the Committee
When?
 With the State report
 Before the list of issues
 Before the constructive dialogue
Meeting the Committee?
 The session prior to the constructive
dialogue
 At the session
How?
[email protected]
Follow-up
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Issue a press release
Hold a press conference
Continue the alternative report coalition
Meet ministry staff
Meet parliamentarians
Meet United Nations country teams
Hold a national conference
Hold workshops on specific issues
Assist in implementation
Monitor and report on implementation
Sources
 Convention on the Rights of Persons with Disabilities
 Committee’s reporting guidelines (CRDP/C/2/3)
 “Human rights and disability: alternative report Spain
2010”. Available from www.cermi.es
 Initial report of Spain (CRPD/C/ESP/1),
www.ohchr.org/EN/HRBodies/CRPD/Pages/Session6.a
spx (accessed 9 August 2012)