EFFECTIVE IMPLEMENTATION OF THE CRPD: INTRODUCTION TO

THE NATIONAL IMPLEMENTATION PROCESS

CONTENTS

CRPD ENTRY INTO FORCE: KEY CONSEQUENCES FOR STATES PARTIES

GENERAL OBLIGATIONS

NATIONAL IMPLEMENTATION AND MONITORING

DIRECT CONSEQUENCES FOR ORGANISATIONS OF PERSONS WITH DISABILITIES

INTERNATIONAL IMPLEMENTATION AND MONITORING

CRPD ENTRY INTO FORCE: KEY

CONSEQUENCES FOR STATES PARTIES

Approach to aspects of disability

Visibility of persons with disabilities

States Parties’ obligations

Ways to claim rights

Educating society regarding the rights of persons with disabilities

GENERALOBLIGATIONS

1 Commitment to secure and promote the full realization of all human rights and fundamental freedoms for all persons with disabilities. In order to achieve this:

a) Adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention;

b) To take all appropriate measures, includinglegislation, to modify or abolish existing laws,regulations, customs and practices thatconstitute discrimination against personswith disabilities;

c) To take into account the protection and promotion of the human rights of persons with disabilities in all policies and programmes;

d) To refrain from engaging in any act or practice that is inconsistent with the present Convention and to ensure that public authorities and institutions act in conformity with the present Convention;

e) To take all appropriate measures to eliminate discrimination on the basis of disability by any person, organization or private enterprise;

f) To undertake or promote research and development of universally designed goods,services, equipment and facilities whichshould require the minimum possibleadaptation and the least cost;

g) To undertake or promote research and development of, and to promote the availability and use of new technologies, including information and communications technologies, mobility aids, devices and assistive technologies, suitable for persons with disabilities, giving priority to technologies at an affordable cost;

h) To provide accessible information to persons with disabilities about mobility aids, devices and assistive technologies, including new technologies, as well as other forms of assistance, support services and facilities;

i) To promote the training of professionals in the rights of persons with disabilities.

2. With regard to economic, social and cultural rights, each State Party undertakes to take measures to the maximum of its available resources and, where needed, within the framework of international cooperation, with a view to achieving progressively the full realization of these rights.

3. In the development and implementation of legislation and policies to implement the present Convention, and in other decision-making processes concerning issues relating to persons with disabilities, States Parties shall

closely consult with and actively involve persons with disabilities, including children with disabilities, through their representative organizations.

4. Nothing in the present Convention shall affect any provisions which are more conducive to the realization of the rights of persons with disabilities and which may be contained in the law of a State Party or international law in force for that State. There shall be no restriction upon or derogation from any of the human rights and fundamental freedoms recognized or existing in any StateParty to the present Convention pursuant to law, conventions, regulation or custom on the pretext that the present Convention does not recognize such rights or freedoms or that it recognizes them to a lesser extent.

5. The provisions of the present Convention shall extend to all parts of

federal States without any limitations or exceptions.

NATIONAL IMPLEMENTATIONAND MONITORING

Article 33National implementation and monitoring

1. States Parties, in accordance with theirsystem of organization, shall designate one ormore focal points within government formatters relating to the implementation of thepresent Convention, and shall give dueconsideration to the establishment ordesignation of a coordination mechanism within government to facilitate related actionin different sectors and at different levels.

2. States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention. When designating or establishing such a mechanism, States Parties shall take into

account the principles relating to the status and functioning of national institutions for protection and promotion of human rights.

3. Civil society, in particular persons withdisabilities and their representativeorganizations, shall be involved andparticipate fully in the monitoring process.

A. Focal point (s)

B. Co-ordinating mechanisms

C. Monitoring framework

A.Focal points

A twin-track approach is needed to implement the Convention effectively. In addition, focal points must be designated in most government ministries and departments and a government focal point in charge of implementing the Convention must be set up.

Avoid designating health ministries or special education departments within education ministries as government co-ordination mechanism.

Implementing the Convention requires monitoring at the highest levels of government.

Focal points must focus their efforts clearly on drawing up and co-ordinating coherent national policies vis-à-vis the Convention.

The government focal point must be equipped with adequate support (staff and technical resources).

In addition to focal points in the relevant ministries, Article 33 paragraph 1 must also be applied in states with multiple levels of administration, so disability focal points can be appointed at local, regional and federal/national level.

B. Co-ordinating mechanisms

Co-ordinating committees normally include representatives from different ministries, organisations of persons with disabilities, other civil society organisations, the private sector and the trades unions.

Their responsibilities generally focus on developing policies, promoting dialogue in the disability field, awareness-raising and other similar tasks.

C. Monitoring framework

Prerequisites for an efficient monitoring framework: wide-ranging terms of reference, independence, pluralistic composition and sufficient resources.

Details set out in the Paris Principles.

National human rights institutes set up in accordance with the Paris Principles are core bodies in the national monitoring framework.

When implementing CRPD Article 33, states should take advantage of the opportunity to set up bodies that comply with the Paris Principles. Once established, implementing Article 33 may involve strengthening their mandate and capabilities.

Persons with disabilities and their representative organisations must participate in the monitoring process and in any other decision-making process on questions which affect them.

DIRECT CONSEQUENCES FOR ORGANISATIONS OF

PERSONS WITH DISABILITIES

Contribute to the wellbeing of the community;

Active engagement in decision-making processes on policies and programmes;

Full and effective participation and inclusion in society;

Consult and co-operate with persons with disabilities (including boys and girls) when drafting and enacting legislation, and draw up policies to make the CRPD a reality through the representative bodies of persons with disabilities.

Organisations of persons with disabilities involved in developing international co-operation policies;

Involvement and participation in national monitoring at all levels;

OPDs consulted on nominations for the international Committee on the Rights of Persons with Disabilities;

OPDs involved in drafting reports.

IMPLEMENTING THE CRPD: KEY ACTIONS FOR ORGANISATIONS OF

PERSONS WITH DISABILITIES

Convention implementation in the legal system;

Monitoring compliance with the convention;

Information and awareness-raising on the Convention.

INTERNATIONAL IMPLEMENTATION AND

MONITORING

States Parties submit reports to the Committee on the Rights of Persons with Disabilities.

OPD participation in the drafting process for the government report.

Submitting alternative reports.

RELATIONSHIP BETWEEN ORGANISATIONS OF PERSONS WITH DISABILITIES AND THE COMMITTEE

2. The Committee, considering the importance of organisations of persons with disabilities, and in particular the work they carry out in formulating, implementing and assessing public policies, legislation, plans and programmes, highlights the need for them to participate or for States Parties to consult them when preparing their reports, in order to reflect the reality faced by persons with disabilities in the country in question. Consequently, States Parties are requested to carry out reasonable accommodations and provide support to enable different parts of the disability movement to contribute effectively.

E.1. Submitting written reports

E.1.1. The Committee welcomes reports and other documents submitted by NGOs, and in particular by organisations of persons with different disabilities (international, regional, national and local organisations) which enable the Committee to gain a deeper knowledge of the different problems encountered in implementing the Convention in a particular country. Coalitions or committees of NGOs may submit similar information. The Committee requests that such information is submitted at least two months prior to the corresponding session.

E.1.2. Written reposts must take into account the perspective of gender, age and other conditions which affect the vulnerability of persons with disabilities.

E.1.3. NGO submissions must be relevant to the questions under review by the Committee.

E.1.4. Based on written submissions, the Committee shall invite certain NGOs to participate in its sessions, thus offering the opportunity to enter into a dialogue regarding the implementation of the Convention by States Parties.

E.1.5. The Committee shall maintain the privacy of reports and documents submitted officially by an NGO with regard to a State Party report. The representatives of the State Party in question shall be notified as soon as possible.

E.1.6. The Committee shall adopt guidelines on the participation of NGOs and national human rights institutes in its sessions. These participation guidelines will be made available on the Committee web site in accessible formats.

E.2. Oral information during preparatory stage for sessions

E.2.1. The Committee shall invite certain NGOs that have participated in previous sessions to present information on the situation in states Parties whose reports are to be considered. The NGO may be asked to take the floor at the Committee session when the list of issues is being drawn up.

E.2.2. Any NGO wishing to participate in these meetings must apply in writing to the Committee at least two months prior to the session.

E.2.3. NGOs from the country whose report is under review are recommended to make oral representations of no more than 15 minutes at the corresponding session. The recommended format for participants is set out below.

E.2.4. Submissions from NGOs should:

- Make direct reference to the areas covered in the Convention;

- Bear direct relevance to the issues being reviewed by the Committee;

- Include the gender and age perspectives and take into account other factors causing increased vulnerability.

E.2.5. The meetings shall normally be open to the public, unless the NGO asks for an in camera session.

E.2.6. The Secretariat shall provide any assistance required to NGOs invited to the meetings.

E.3. Side events

NGOs may arrange side events from time to time to inform Committee members.

REPORTING: RELATED ACTIVITIES

General comments

The Committee may draw up general comments regarding specific articles, observations and topics related to the Convention, with a view to securing the effective realisation of the rights set out in the Convention.

The process for formulating general comments shall be as follows:

- Specialist agencies, NGOs, academics and other human rights bodies are asked to express their views in a day of general discussion or thematic discussion;

- A draft comment is drawn up based on the opinions expressed;

- The draft general comment is put to the Committee for adoption.

General comments may be widely distributed in the media in States Parties, and the information is made available on the Committee web site.

B. Days of general discussion or thematic discussion

Days of general or thematic discussion are used to explore questions of general interest related to the Convention implementation.

Each year the Committee schedules days for general or thematic discussions regarding specific Convention articles or related topics. The information is made available at least two months in advance on the Committee web site.

Working groups may be set up to explore topics agreed by the Committee at the session prior to the session in which the day of general discussion is scheduled.

Meetings during days of general discussion are open to the public; representatives from States Parties, UN bodies, NGOs, national human rights institutes, professional organisations, academics, youth organisations or other stakeholders may attend. Representatives of the different types of disability (mental, intellectual, physical, sensory or other types) may also attend.

The Secretariat takes care of logistical arrangements (accessibility, reasonable accommodations, support to ensure effective participation, etc.).

At the end of the day of general or thematic discussion, the Committee shall present recommendations which may be utilised to draft general comments.

DRAFTING ALTERNATIVE REPORTS: RECOMMENDATIONS FOR

ORGANISATIONS OF PERSONSWITH DISABILITIES

1. The Reporting Guidelines are for States Parties, but also serve as guides for drafting alternative reports.

2. To facilitate the CRPD Committee’s work, alternative reports should be drawn up following the same structure as State Parties’ reports.

3. Alternative reports should be a reasoned and constructive response to reports from States Parties.

4. It is advisable to submit only one alternative report from an alliance of organisations of persons with disabilities, rather than several separate reports.

5. OPDs should identify the main obstacles to proper implementation of the CRPD and put forward suggestions to overcome them in the national context.

6. The gender perspective should be included in the alternative report, bearing in mind especially those areas where girls and women with disabilities face particular discrimination (forced sterilisation, coerced abortion, motherhood, sexual abuse, gender violence, access to employment, etc.).

7. Include the status of specific groups which face additional discrimination with respect to certain rights (type of disability, geographical areas, ethnic origin, etc.).

8. Act transparently and objectively.

RECOMMENDATIONS FOR MONITORING ALTERNATIVE REPORTS

1. Translate alternative reports to other languages (especially English and Spanish).

2. Disseminate the report widely.

3. Engage in all stages of the constructive dialogue:

- Submitting the initial report;- Responding to the list of issues- Participate directly in the dialogue with the State Party;- Monitoring recommendations.

4. Establish contact with CRPD Committee members individually, and above all the rapporteur.

5. Organise specific side events.

CONCLUSION

Organisations of persons with disabilities should use their expertise to engage actively in monitoring other human rights instruments, thus contributing to mainstreaming disability in all areas.

THANK YOU VERY MUCHFOR YOUR ATTENTION