European implementation and monitoring UNCRPD

Inmaculada Placencia PorreroDeputy Head of Unit

DG Employment social affairs and equal opportunitiesEuropean Commission

Inmaculada.placencia-porrero@ec.europa.eu

Art 33

• 1 or more focal points ( matters of implementation)

• Coordination mechanisms (sectors and levels)

• Independent mechanisms (promote, protect and monitor implementation)

• Civil society participation monitoring

Role of the EC

• Regional Integration Organization art 44.1 UNC• Double implication of the UNCRPD

– Vis a vis MS (declaration of competences)– Community institutions (art 300.7 TEC)

• Art 33 organizations at both levels: EC as Regional Integrations organisations + EC Institution:– Focal point– Independent mechanism– Coordination mechanism

• Governance (EC Participation to):– Conference of State Parties– Committee on the Rights of Persons with disabilities

Commission proposals for conclusion (1)

• Proposal for a Council Decision concerning the conclusion (formal confirmation), by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities COM (2008) 530-1

• Proposal for a Council Decision concerning the conclusion (accession), by the European Community, of the Optional Protocol to the United Nations Convention on the Right of Persons with Disabilities COM (2008) 530-2.

• 29 August 2008

• COHOM• Content

– Approval– Deposition of instrument– Commission organization issues related to art 33– Reporting– Representation– Procedural articles (amendment, denunciation)– Declaration of Competence– Reservation

Commission proposals for conclusion (2)Article 3

• The Commission to be the Focal point

• Community institutions may establish a coordination mechanism (ref to art 33.1 UNC)

• Council to decide on Commission proposal for establishment of independent mechanisms (ref to art 33.2 UNC)

Commission proposals for conclusion (3)Other issues

• Art 4 Commission to nominate expert to the Committee on behalf of the Community

• Art 5 MS to submit report to Commission on matters falling under EC competence.– Modus operandi by Commission

• Art 5 Community institutions to decide by common agreement on reporting

• Art 6 The Commission to represent the Community in UN bodies in areas falling under Community competence.

Commission proposals for conclusion (4)

• Optional protocol– Approval– Deposition of instrument– Obligation of mutual information and cooperation

when community law is involved – Submission of communications– Procedural articles (amendment, denunciation)– Declaration of Competence– Reservation

EFC study

• Focal Point-> – Commission

• Coordination Mechanism->– DHLG, – ISG,

• Independent Mechanism->– ombudsman, – FRA

Organization and actorsdisability matters EC

• High level group on disability• Inter service group on disability• DGs disability sector activities• Sectors High level groups• Disability units• Instruments:

– ISC– IA

• Other institutions– CWG, – EP – (inter institutional mechanism)

Considerations

• Link to article 31 on statistics and data collection

• Links to article 35 on reports by State Parties (measures, progress, 2 years )

• Committee shall decide guidelines for reports

• Involvement persons with disabilities (involvement and support)

UN Convention implementation

• Annual disability Minister meeting• Presidency Conclusions• Annual Disability High level Group report on

implementation http://ec.europa.eu/social/BlobServlet?docId=2790&langId=en

• Annual Information Notehttp://ec.europa.eu/social/main.jsp?catId=431&langId=en

• Annual Presidency Conference• European Disability Strategy: Present and future

New disability strategy

• Implement the UNC

• Common challenges and solutions

• Indicators, targets,

• NGOs support and involvement

• Consultations for preparation

• Work forum in 2010 coordination

Conclusion

• Cooperation with MS

• Implementation within Community institutions

• Participation of civil society

• Best practices