national mechanisms

1. Implementing article 33 of the Convention: cases, positions and lessonsLinnéa ArvidssonRegional Office for EuropeUN Human Rights

2. 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 Disabilities Human Rights Council 13th Session, 5 March 2010 national mechanisms

3. National mechanisms for implementation and monitoring of the CRPD national mechanisms parliament oversight courts & tribunals

4. 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

5. National monitoring framework national mechanisms “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) independence civil society involvement adequate resources

6. 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

7. The Paris Principles in the context of the CRPD national mechanisms • 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

8. Functions of the national monitoring framework national mechanisms National Human Rights Institution (NHRI) promote protect monitor • awareness-raising • encourage ratification • human rights education programmes • training of public officials and NGOs • individual complaints • participation in litigation • combat discrimination • intervention • link with media and parliament • conduct of public inquiries • harmonization of legislation with international standards • contribute to UPR and reports to treaty bodies • field monitoring • cooperation with regional and United Nations orgs • report annually (at least) • recommendations to the Government

9. 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

10. 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

11. national mechanisms • Roles of national courts & tribunals • 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

12. sources, references & websites Ref &web OHCHR Thematic study to enhance awareness structure and role of national mechanisms for the implementation and monitoring of the CRPD A/HRC/13/29, 22.12.2009 From Exclusion to Equality Realizing the rights of persons with disabilities Handbook for Parliamentarians on the Convention on the Rights of Persons with Disabilities and its Optional Protocol UN/OHCHR/IPU, 2007, Chapter 7 • 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