State Reporting to the Committee on the Rights of Persons with Disabilities

1. State Reporting to the Committee on the Rights of Persons with Disabilities Module 7.1

2. Objectives Module flow • Understand the purpose and content of State reports to the Committee on the Rights of Persons with Disabilities • Understand the process of drafting and submitting reports • What is the Committee • The reporting requirement • The treaty body reporting cycle • Methodology • Reporting guidelines • List of issues • The Committee session • Concluding observations • Follow-up • Functions of reporting

3. The Committee on the Rights of PersonswithDisabilities

4. The reporting requirement Each State Party shall submit to the Committee, through the Secretary-General of the United Nations, a comprehensive report on measures taken to give effect to its obligations under the present Convention and on the progress made in that regard, within two years after the entry into force of the present Convention for the State Party concerned. Thereafter, States Parties shall submit subsequent reports at least every four years and further whenever the Committee so requests. Art. 35 (1)‒(2)

5. The treaty bodies’ reporting cycle STATE submits report COMMITTEE’s follow-up COMMITTEE list of issues STATE implements recommendations STATE submits answers COMMITTEE’s concluding observations COMMITTEE’S SESSION State presents the report and respond to the Committee’s questions

6. Methodology FOCAL POINT/COORDINATION MECHANISM SETS UP REPORTING GROUP INITIAL REVIEW OF KEY ISSUES LEGAL ANALYSIS DATA COLLECTION ANALYSIS AND PREPARATION OF THE DRAFT REPORT CONSULTATION WITHIN AND WITHOUT GOVERNMENT AND FINALIZATION

7. Reporting guidelines The purpose of reportingguidelines is to advise States parties on the form and content of their reports, so as to facilitate the preparation of reports and ensurethatthese are comprehensive and presented in a uniformmanner by States parties. Compliancewith the reporting guidelines willalsoreduce the need for the Committee to requestfurtherinformation… CRPD/C/2/3, para. 2

8. Example: politicalrights • The reporting guidelines request information on article 29 (political rights) as follows: • Legislation and measurestaken to guaranteepoliticalrights, in particular to personswith mental or intellectualdisability • Measurestaken to ensure the right to vote • Measurestaken to ensure full accessibility of voting • Indicatorsmeasuring full enjoyment of the right to vote • Support provided for the establishment and maintenance of DPOs

9. Example: political rights in Peru • The Government of Peru responded: • Act 29478 of 2009 provides the necessarylegalframework • National electioncards are provided free to personswithdisabilities, subject to eligibility • Polling booths and ballot papers are accessible • 10,758 out of 38,305 registeredpersonswithdisabilitiesexercisedtheir right to vote (2004‒2007) • Registration of 310 NGOsworking in the area of disabilitiesenablesthem to access international cooperationfunding and undertakeotheractivities

10. The list of issues: Tunisia The report provided no information on the preventionof violence againstchildren. Initial report of Tunisia Please explain the specific measures provided for in the Child Protection Code to protect children with disabilities. How are cases of violence against children with disabilities dealt with? Committee’slist of issues to Tunisia In this regard we should like to mention that the Child Protection Code promulgated by Act No. 92 of 9 November 1995 guarantees children in general and children with disabilities in particular freedom from various forms of exploitation, violence and abuse. Under the said Code, sexual or economic exploitation and habitual mistreatment of children are considered as difficult situations that require swift intervention by both child protection officers and family judges in order to protect children. Tunisia’sresponse to the Committee

11. Concluding observations: Tunisia The Committee is particularly concerned at the low rate of reporting of cases of habitual mistreatment of children, including children with disabilities, which may amount to situations of danger, in view of the results of the Multiple Indicator Cluster Survey […]. The Committee recommends: (a) Evaluate the phenomenon of violence against boys and girls with disabilities, and compile systematic disaggregated data […]; (b) Ensure that institutions providing care for children with disabilities are staffed with specially trained personnel, subject to appropriate standards, regularly monitored and evaluated, and establish complaint procedures accessible to children with disabilities; (c) Establish independent follow-up mechanisms; (d) Take steps to replace institutional care for boys and girls with disabilities with community-based care. CRPD/C/TUN/CO/1, paras. 16–17

12. Implementation of recommendations • Issue a press release and hold a press conference • Publish the concluding observations and recommendations • Circulate them to all relevant ministries and departments • Meet with civil society • Hold a round table • Establish a time-bound implementation plan • Seek United Nations assistance • Other …

13. Functions of reporting • Reviewing implementation • Identifying strengths and weaknesses • Seeking international expert assistance • Improving data collection and analysis • Improving knowledge on the Convention • Strengthening coordination in Government • Strengthening dialogue with civil society organizations and NHRIs • Sharing experience internationally • Other … ?

14. Sources • Convention on the Rights of Persons with Disabilities; • Reporting guidelines (CRDP/C/2/3); • Initial report of Peru • List of issues, Tunisia • Concluding observations, Tunisia • www.ohchr.org/EN/HRBodies/CRPD/Pages/Sessions.aspx (accessed 10 August 2012)