Implementing article 33 of the Convention: cases, positions and lessons Linnéa Arvidsson Regional Office for Europe UN Human Rights.
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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
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
courts & tribunals
“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)
“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.
civil society involvement
The organizational structure of the monitoring framework: alternatives and preferences
One national human rights institution: link between framework and Paris Principles i.e. Germany
More than one independent mechanism: “mechanism of mechanisms” i.e. Northern Ireland
‘Cocktail’ of independent mechanisms and other entities (ex. parliamentary committees, judiciary, the media…)
Requires guarantee of independence; not applied yet
National Human Rights Institution (NHRI)
Participation and involvement of civil society and persons with disabilities
Civil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process.
art. 33 (3)
OHCHR Thematic study to enhance awareness structure and role of national mechanisms for the implementation and monitoring of the CRPD
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