Implementing article 33 of the Convention: cases, positions

and lessons

Linnéa ArvidssonRegional Office for Europe

UN Human Rights

Yet the experience of other human rights treaties teaches us that ratification alone will not make a tangible change in the life of people. What need to happen, as you know, if for States to implement the treaty at the national level through the adoption of all relevant legislative, judicial, administrative, and educational measures. Only then societies truly “own” a human rights treaty, and through this ensure that positive change happens.

UN High Commissioner for Human Rights Opening Statement

Panel Discussion on National Frameworks for the Implementation and Monitoring of the Convention on the Rights of Persons with DisabilitiesHuman Rights Council 13th Session, 5 March 2010

national mechanisms

National mechanisms for implementation and monitoring of the CRPD national mechanisms

Focal points and coordination mechanisms at government level

national mechanisms

“States Parties, in accordance with their system of organization, shall designate one or more focal points within government for matters relating to the implementation of the present Convention, and shall give due consideration to the establishment or designation of a coordination mechanism within government to facilitate related action in different sectors and at different levels.”

art. 33 (1)

-Focal point or focal points? Ex. South Africa, Australia -Coordination mechanism? Australia

national mechanismsNational monitoring framework

“States Parties shall……maintain, strengthen, designate or establish… a framework, including one or more independent mechanisms……to promote, protect and monitor implementation of the…Convention…take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights.Art.33 (2)

civil society involvement

independence

adequate resources

The organizational structure of the monitoring framework: alternatives and preferences

national mechanisms

Option A One national human rights institution: link between framework and Paris Principles i.e. Germany

Option B

More than one independent mechanism: “mechanism of mechanisms” i.e. Northern Ireland

Option C

‘Cocktail’ of independent mechanisms and other entities (ex. parliamentary committees, judiciary, the media…) Requires guarantee of independence; not applied yet

•Independence guaranteed either by statutory law or constitutional provisions

•Pluralism in roles and membership

•Broad mandate

•Adequate powers of investigation (mediation & conciliation; quasi judicial HR tribunal, intervention in proceedings)

•Regular and effective functioning

•Adequate funds not subject to financial control which might affect independence

•Accessibility

The Paris Principles in the context of the CRPDnational mechanisms

Functions of the national monitoring framework

National Human Rights Institution (NHRI)

promote

awareness-raising encourage ratification human rights education programmes training of public officials and NGOs

individual complaints participation in litigationcombat discrimination intervention link with media and parliament

conduct of public inquiriesharmonization of legislation with international standardscontribute to UPR and reports to treaty bodies field monitoring cooperation with regional and United Nations orgs report annually (at least) recommendations to the Government

monitorprotect

national mechanisms

Participation and involvement of civil society and persons with disabilities national mechanisms

Civil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process.

art. 33 (3)

disability power

Role of parliaments

national mechanisms

Parliamentary committees

Commissions of inquiry

Direct questioning of ministers

Scrutiny of executive appointments

Oversight over non-governmental public agencies

Budgetary scrutiny and financial control

Roles of national courts & tribunalsnational mechanisms

inform courts’ decision-making through CRPD provisions;support treaty implementation (disability-related judgments as indicators of success); monitor compliance of national legislations with CRPD; issue judgments that prevent unlawful measures and attitudes; visit key institutions to prevent abuses against persons with disabilities

national monitoring mechanism & judiciary -> complementary and mutually support

Issues:Case referral Principle sharing (independence and de-politicization)Accountability (of state officers including judges, prosecutors and lawyers)Redress for PWDs

sources, references & websites

• Convention on the Rights of Persons with Disabilities (CRPD) • Human Rights Council Resolution 10/7• Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly

resolution 48/96), available at: http://www.un.org/documents/ga/res/48/a48r096.htm• Human Rights Council, Interactive Panel Discussion, National frameworks for the Implementation

and Monitoring of the Convention on the Rights of Persons with Disabilities, Friday 05 March 2010; Geneva, Palais des Nations

• Thematic Study by the Office of the United Nations High Commissioner for Human Rights on enhancing awareness and understanding of the Convention on the Rights of Persons with Disabilities, A/HRC/10/48 , 26 January 2009

• Informal report of the OHCHR consultation on national frameworks for the implementation and monitoring of the Convention held on 26 October 2009: http://www2.ohchr.org/english/issues/disability/docs/ReportConsultation26102009.doc.

• Paris Principles, adopted by the General Assembly in resolution 48/134

Ref &webOHCHR Thematic study to enhance awareness structure and role of national mechanisms for the implementation and monitoring of the CRPDA/HRC/13/29, 22.12.2009

From Exclusion to EqualityRealizing the rights of persons with disabilitiesHandbook for Parliamentarians on theConvention on the Rights of Personswith Disabilities and its Optional ProtocolUN/OHCHR/IPU, 2007, Chapter 7

SummaryThe present study focuses on national mechanisms for the implementation and

monitoring of the Convention on the Rights of Persons with Disabilities.

Chapter II provides a brief overview of the Convention and its status. Chapter IIIprovides an overview of mechanisms and procedures for monitoring the Convention atinternational and national level. Chapter IV focuses on national mechanisms for theimplementation and monitoring of the Convention. This chapter highlights the closerelation between the concepts of implementation and monitoring contained in human rightstreaties, introduces the implementation and monitoring structures envisaged in article 33 ofthe Convention and discusses the key characteristics and roles of each of the mechanisms.On the basis of the submissions received for this study, this report provides illustrativeexamples of how States parties have given effect to article 33 in their domestic framework.Chapter V sets out conclusions and recommendations for the establishment or designationof effective implementation and monitoring frameworks for the Convention at nationallevel.

Human Rights CouncilThirteenth sessionAgenda item 2Annual report of the United Nations High Commissionerfor Human Rights and reports of the Office of theHigh Commissioner and the Secretary-General

United Nations A/HRC/13/29

General Assembly Distr.: General22 December 2009Original: English

Thematic study by the Office of the United Nations High Commissioner for Human Rights on the

structure and role of national mechanisms for the implementation and monitoring of the Convention

on the Rights of Persons with Disabilities