33 - National implementation and monitoring
Background Documents | Article 33 Background
Seventh Session | Sixth Session
Fourth Session | Third Session | Working Group
UN System organizations
European Disability Forum
Indian NGO Consultative Meeting
International Save the Children Alliance
Japan Disability Forum
Landmine Survivors Network
World Blind Union
World Network of Users and Survivors of Psychiatry
Comments, proposals and amendments submitted electronically
Draft Article 25
National Implementation Framework
1. States Parties shall designate a focal point within Government for matters relating to the implementation of the present Convention, and give due consideration to the establishment or designation of a coordination mechanism to facilitate related action in different sectors and at different levels.
2. States Parties shall, in accordance with their legal and administrative system, maintain, strengthen, designate or establish at the national level a framework to promote, protect and monitor implementation of the rights recognised in the present Convention.
EU Proposal: Replace 1. and 2. by the following: “States Parties shall ensure monitoring of implementation of the present Convention in accordance with their legal and administrative system. They shall establish or designate an appropriate mechanism to facilitate related action in different sectors and at different levels of society”.
EU Proposal for new paragraph 2:
“Where necessary, States Parties shall collect appropriate information to enable them to formulate and implement policies to give effect to this Convention. The process of collecting and maintaining this information should:
(a) comply with legally established safeguards to ensure confidentiality and respect for the privacy of persons with disabilities, including legislation on data protection;
(b) comply with internationally accepted norms to protect human rights and fundamental freedoms;
(c) where appropriate, be undertaken in collaboration with and following consultation of organisations of persons with disabilities.”
EU Proposal for new paragraph 3: (moved from Article 4):
“States, when developing and implementing policies and legislation to give effect to this Convention, shall take appropriate measures to ensure adequate consultation with, and involvement of, persons with disabilities and their representative organisations.”
EU Proposal for new paragraph 4:
"States Parties undertake to make the principles and provision of the Convention widely known by appropriate and active means" (CRC Art. 42).
EU Proposal for new paragraph 5:
Nothing in the present Convention shall affect any provisions which are more conducive to the enjoyment of human rights by persons with disabilities. (Cf CRC Art. 41).
ISRAEL’S PROPOSAL - ARTICLE 25:
INTERNATIONAL AND NATIONAL MONITORING
25. Establishment of Committee
1. For the purpose of reviewing this implementation by States Parties of this Convention, there shall be established a Committee on the Rights of Persons with Disabilities (hereinafter referred to as “the Committee”) which shall carry out the functions hereinafter provided.
2. The Committee shall consist, at the time of entry into force of this Convention, of 12 independent experts serving in their personal capacity, of high moral standing and impartiality, holding no position which compromises the appearance of independence and impartiality expected of the Committee, and shall have a recognized competence in the field covered by the Convention. Thereafter, for every additional twenty-five ratifications of this Convention, the membership shall increase by 2 members, until the composition of the Committee attains a maximum number of 20 members. This Committee, in its overall composition, shall:
a. Include members with disabilities, reflecting the entire spectrum of the various disabilities, who shall form the majority of the committee
b. Comprise an equal number of women and men members;
c. Reflect equitable geographic distribution; and
d. Reflect representation of the principal legal systems.
3. Members of the Committee shall be elected by secret ballot by the States Parties from a list of persons nominated by the States Parties.
4. Each State Party may nominate one person from among its own nationals, chosen from a list of individuals proposed by organizations of persons with disabilities in that State. If no individuals are nominated by organizations of persons with disabilities in a State Party, the State Party may select a nominee, wherever possible in consultation with organizations of persons with disabilities or other appropriate groups.
5. The initial election shall be held no later than six months after the date of the entry into force of this Convention and subsequent elections every second year.
At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to all States Parties inviting them to submit their nominations within two months. The Secretary-General shall prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties that have nominated them, and shall submit it to the States Parties not later than one month before the date of the corresponding election, together with the curricula vitae of the persons thus nominated.
6. Elections of members of the Committee shall be held at a meeting of States Parties convened by the Secretary-General at United Nations Headquarters. At that meeting, for which tow thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those nominees who obtain the largest number of votes and an absolute majority of the votes of the States Parties present and voting.
7. The members of the Committee shall serve for a term of four years. However, the terms of five of the members elected in the first election shall expire at the end of two years; immediately after the first election, the names of these five members shall be chosen by lot by the Chairman of the meeting of States Parties;
8. The members of the Committee shall be eligible for re-election if re-nominated, but no person may serve more than two full terms on the Committee.
9. If a member of the Committee dies or resigns or declares that for any other cause he or she can no longer perform the duties of the Committee, the State Party that nominated the expert shall appoint another expert from among its own nationals for the remaining part of the term. The new appointment is subject to the approval of the Committee.
26. Administration of the Committee
1. The Committee shall elect its officers for a period of two years. The Chair of the Committee shall be a person with a disability.
2. The Committee shall adopt its own rules of procedure.
3. The Committee shall meet for such time as is necessary for it to undertake its work, and this shall involve at least one meeting per year for a period of three weeks.
4. The meetings of the Committee shall be held at United Nations Headquarters and on a rotational basis at the offices of the regional commissions of the United Nations.
5. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee.
6. The members of the Committee shall receive emoluments from United Nations resources on such terms and conditions as the General Assembly may decide.
7. The members of the Committee shall be entitled to the facilities, privileges and immunities of experts on mission for the United Nations as laid down in the relevant sections of the Convention on the Privileges and Immunities of the United Nations.
27. Reporting by States Parties
1. States Parties undertake to submit to the Committee, through the Secretary-General of the United Nations, a report on the legislative, judicial, administrative and other measures they have taken to give effect to the provisions of the present Convention.
2. States Parties shall submit an initial report within one year of the entry into force of the Convention for the State Party concerned and thereafter every 5 years or whenever the Committee so requests.
3. Reports prepared under the present article shall also indicate factors and difficulties, if any, affecting the implementation of the Convention in the State Party concerned, and shall be prepared in consultation with non-governmental organizations with competence in the field, including organizations of persons with disabilities.
4. The Committee shall adopt any further guidelines relating to the content of the reports, which it considers appropriate.
5. A State Party which has submitted a comprehensive initial report to the Committee need not in its subsequent reports submitted in accordance with this article repeat basic information previously provided.
6. States Parties shall make a draft of their reports widely available to the public in their own country in local languages and accessible formats 6 months prior to the finalization of the report and its submission to the Secretary-General.
7. States Parties shall make their reports widely available to the public in their own countries in local languages and in accessible formats as soon as possible after the State Party has submitted its report to the Secretary-General.
28. Consideration of Reports
1. The Committee shall examine the reports submitted by each State Party and shall transmit such comments as it may consider appropriate to the State Party concerned. This State Party may submit to the Committee observations on any comment made by the Committee in accordance with the present article. The Committee may request supplementary information from States Parties when considering these reports.
2. The Committee shall invite representatives of States Parties to participate in its consideration of the report. Where a State Party is significantly overdue with the submission of its report, the Committee may consider the situation in that State Party in the absence of a report.
3. The Committee may also adopt such general comments as it sees fit, and may also address recommendations to the United Nations and other bodies as it considers appropriate.
4. The Secretary-General of the United Nations may also, after consultation with the Committee, transmit to the specialized agencies as well as to intergovernmental organizations, copies of such parts of these reports as may fall within their competence.
5. The Committee shall present an annual report to the General Assembly of the United Nations on the implementation of the present Convention, containing its own considerations and recommendations, based, in particular, on the examination of the reports and any observations presented by States Parties. Such reports shall be made available in accessible formats.
6. The Secretary-General of the United Nations shall transmit the annual reports of the Committee to the States Parties to the present Convention, the Economic and Social Council, the Commission on Human Rights of the United Nations, the Commission on Social Development of the United Nations and other relevant organizations.
7. Non States Parties may, on a voluntary basis, provide reports to the Committee for consideration.
29. Relationship between the Convention and Other Bodies
In order to foster the effective implementation of the Convention, to encourage coordination among relevant stakeholders and to encourage international cooperation in the field covered by the Convention:
1. The Committee shall request the specialized agencies, organs, special and thematic rapporteurs, of the United Nations, regional commissions of the United Nations, as well as intergovernmental organizations and other concerned bodies to submit, for consideration by the Committee, written information on such matters dealt with in the present Convention as fall within the scope of their activities.
2. The Committee shall invite representatives of specialized agencies, organs, special and thematic rapporteurs of the United Nations, as well as of intergovernmental organizations to be present and to be heard in its meetings whenever matters falling within their field of competence are considered.
3. The Committee shall seek, as relevant, technical assistance from the specialized agencies, organs, special and thematic rapporteurs of the United Nations and other relevant bodies to assist it in its consideration of the reports of States Parties.
4. The Committee may recommend areas of cooperation among States Parties and other competent bodies that will facilitate the implementation of this Convention. To this end, the Committee shall make its recommendations to the Secretary-General of the United Nations.
5. The Committee shall invite representatives of non-governmental organizations with expertise in the field of disability issues or other relevant fields to submit relevant information to the Committee to assist it in its work and to be present and to be heard in its meetings.
30. Relationship between Committee and National Mechanisms
In regard to the national mechanisms, the Committee shall:
1. Advise and assist States Parties, when necessary, in their establishment;
2. Maintain direct, if necessary confidential, contact with the national mechanisms and offer them training and technical assistance with a view to strengthening their capacities;
3. Advise and assist them in the evaluation of the needs and the means necessary to strengthen the protection of persons with disabilities;
4. Make recommendations and observations to the States Parties with a view to strengthening the capacity and the mandate of the national mechanisms for the promotion and protection of the rights of persons with disabilities;
5. Cooperate, for the promotion and protection of the rights of persons with disabilities in general, with the relevant United Nations organs and mechanisms as well as with the international, regional and national institutions or organizations working toward the strengthening of the rights of persons with disabilities.
31. National Human Rights Institution
1. Each State Party shall maintain, designate or establish within one year after the entry into force of this Convention of its ratification or accession, an independent national human rights institution for the promotion and protection of the rights of person with disabilities at the domestic level. Where an independent national human rights institution already exists in the State Party, its mandate shall be extended to comply with this convention and the provisions of this article shall apply with the necessary changes.
2. The States Parties shall guarantee the functional and financial independence of the national human rights institution as well as the independence of their personnel including by way of earmarked funding from the state budget.
3. The States Parties shall ensure that the composition of the national human rights institution includes majority representation of persons with disabilities, reflecting the entire spectrum of disabilities. They shall strive for a gender balance and the adequate representation of national, ethnic and minority groups.
4. States parties shall establish an advisory committee of the national human rights institution, which will include a majority of people with disabilities, reflecting the entire spectrum of disabilities. The Committee shall also include professionals, legal experts and public representatives. The Chairperson of the Committee shall be a person with disabilities.
5. The States Parties undertake to make available the necessary resources for the independent functioning of the national human rights institution.
6. The establishment, composition and operation of the national human rights institution shall be in compliance with the Principles relating to the State and Functioning of National Institutions for Protection and Promotion of Human Rights (the “Paris Principles”).
7. The competent authorities of the State Party concerned shall examine the recommendations of the national human rights institution and participate in dialogue with the body on measures taken to implement the provisions of this convention.
8. The national human rights institution shall be granted, at a minimum, the powers and functions to:
a. Make recommendations to the relevant authorities with the aim of improving the promotion and protection of the rights of persons with disabilities based on the obligations contained in this Convention and other relevant international norms;
b. Submit proposals and observations concerning existing or draft legislation.
c. Establish contact with the Committee, to submit information to the Committee and to meet with the Committee.
d. Conduct public awareness raising and other advocacy activities for the promotion of the rights and obligations included in the Convention.
e. Promote cooperation on issues related to the implementation of the Convention between all relevant bodies and stakeholders on the national and international level, including government ministries, state-funded bodies, local authorities, the private and voluntary sectors, the relevant non-governmental organizations, non-governmental organizations of people with disabilities, specialized agencies, and UN bodies.
f. Publish guidelines concerning all matters which are the subject of the Convention.
g. Identify the special needs of persons with disabilities and the selection of the most effective and appropriate ways to respond to these needs, including the initiation, commissioning and encouragement of research.
h. Promote the establishment of data bases in relation to persons with disabilities.
i. Advise persons with disabilities of their rights.
j. Submit an annual national report on the implementation of the rights of persons with disabilities in the State Party concerned.
k. Investigate complaints by persons with disabilities and initiate investigations as to infringements of the rights of persons with disabilities.
l. Conduct mediation, arbitration and other action designed to settled disputes regarding the rights of persons with disabilities.
m. File legal actions in the courts and national tribunals in the Commission’s name and in the name of persons with disabilities with a view to protecting and implementing the rights of persons with disabilities.
n. Issue directions and orders with a view to protecting and implementing the rights of persons with disabilities.
Replace the word ‘Monitoring’ with the Phrase ‘National Implementation Framework’ in the title of the article.
Insert this new article after article 25
For the purpose of examining the progress made by the States Parties in achieving the realization of the obligations undertaken in the present convention and especially to end all discrimination against persons with disabilities and to guarantee full respect of their human rights, there shall be established a Committee on the Rights of Persons with Disabilities, which shall carry out the function hereinafter provided.
The Committee shall consist of 12 disability experts of high moral standing and recognized competence. The members of the committee shall be elected by the States Parties from among their most prominent national leaders of organizations of disabled persons, scholars and scientists and shall serve in their personal capacity, consideration being given to gender and equitable geographical distribution as well as to various kinds of impairment.
The members of the Committee shall be elected by secret ballot from a list of persons nominated by States Parties. Each State Party may nominate one person from among its own nationals.
The initial election to the Committee shall be held no later than six months after the date of the entry into force of the present Convention and thereafter every second year. At least four months before the date of each election, the Secretary-General of the United Nations shall address a letter to the States Parties inviting them to submit their nominations within two months. The Secretary-General shall subsequently prepare a list in alphabetical order of all persons thus nominated, indicating the States Parties, which have nominated them, and shall submit it to the States Parties, which have nominated them, and shall submit it to the States Parties to the present Convention.
The elections shall be held at meetings of the States Parties convened by the Secretary-General at United Nations Headquarters. At those meetings, for which two-thirds of the States Parties shall constitute a quorum, the persons elected to the Committee shall be those who obtain the largest number of votes and an absolute majority of the votes of the representatives of States Parties present and voting.
The members of the Committee shall be elected for at term of four years. They shall be eligible for re-election if re-nominated. The term of 6 of the members elected at the first election shall expire at the end of two years; immediately after the first election the names of these 6 members shall be chosen by lot by the Chairman of the meeting.
If a member of the Committee dies or resigns or for any other cause can no longer perform the duties of the Committee, the State Party which nominated the member shall appoint another expert from among its nationals to serve for the remainder of the term, subject to the approval of the Committee.
The Committee shall establish its own rules of procedure.
The Committee shall elect its officers for a period of two years.
The meetings of the Committee shall normally be held at the United Nations Headquarters or at any other convenient place as determined by the Committee. The Committee shall normally meet annually. The duration of the meetings of the Committee shall be determined, and reviewed, if necessary, by a meeting of the States Parties to the present Convention, subject to the approval of the General Assembly.
The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention.
UN System organizations
Draft Article 25
• Regarding monitoring of implementation, the ILO would welcome provisions in the Convention for mechanisms which facilitate the involvement of all relevant stakeholders - governments, the social partners, representative organizations of persons with disabilities, specialized United Nations agencies and other UN organs, in their respective areas of competence.
• Regarding ILO involvement, the following wording is suggested:
o For the purpose of reviewing the application of the present Convention, there shall be established a Committee on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities (details to be added by the Ad Hoc Committee).
o The Secretary-General of the United Nations shall, in due time before the opening of each regular session of the Committee, transmit to the Director-General of the International Labour Office copies of the reports submitted by States Parties concerned and information relevant to the consideration of these reports, in order to enable the Office to assist the Committee regarding those matters dealt with by the present Convention that fall within the sphere of competence of the International Labour Organization. The Committee shall consider in its deliberations such comments and materials as the Office may provide.
EUROPEAN DISABILITY FORUM
Draft Article 25 Monitoring
EDF considers that the Convention needs to include strong monitoring mechanisms, both at national as well as at international level. The UN Standard Rules and its proposed supplement could be taken into account in the national implementation and monitoring framework.
To ensure that the rights included in the Convention become a reality, disabled people and their organisations need to have easy access to instruments at national level which they can use to enforce the implementation of the Convention.
Special attention needs to be given to the monitoring of these obligations which will be subject to progressive realisation. As stated previously, there has to be an obligation on States to establish, in consultation with representative disability organisations, a reasonable timeframe for the implementation of these measures and States will be obliged to respect this timeframe.
The role of the representative organisations of disabled people is vital in this process and they must be integral part in any implementation and monitoring framework to be established.
EDF strongly supports the different actions such an implementation and monitoring framework should undertake, as highlighted in footnote 114, namely:
• promoting awareness of the provisions of the Convention to persons with disabilities and to the general population;
• monitoring national legislation, policies and programmes to ensure consistency with the Convention;
• undertaking or facilitating research on the impact of the Convention or of national legislation;
• developing a system for assessing that impact on persons with disabilities; and
• hearing complaints about failure to observe the Convention.
A new paragraph should be added which obliges the State to undertake a nation-wide information campaign on the content of this Convention, with specific attention to the different key target groups (employers, education providers, healthcare providers, etc..).
New article on international monitoring
EDF is aware of the current process within the United Nations to review the way the existing international Conventions are being monitored.
EDF strongly believes that the forthcoming Convention should in no way have lower provisions than the current Conventions.
This would include the establishment of a Committee, composed by a majority of disabled people (including the Chair) from both developed and developing countries, equal participation of women and men and representing the different impairment groups. The Committee would receive periodic national reports, be able to initiate inquiry procedures, as well as receive individual and group communications.
The participation of the representative international organisations of disabled people in this process also needs to be ensured.
INDIAN NGO CONSULTATIVE MEETING
Draft Article 25
51. The participants strongly recommend provision of an international and national mechanism for monitoring and redressal of individual complaints. They note that under existing Treaties, such systems are in place, though an effort is underway for stream lining these procedures.
Therefore a proposal to this effect should be concretised after the UN has taken a final view. However the participants recommend inclusion of the provisions outlined in Bangkok Draft regarding monitoring of the convention.
INTERNATIONAL SAVE THE CHILDREN ALLIANCE
The absolute minimum required is a system of disability proofing and ensuring a disability perspective, based on the principles and obligations of the said Convention.
Suggested additional paragraph
25.1 States Parties shall develop, position, and resource a system of disability proofing to ensure a disability perspective across national legislation, policies and services 1
This can be achieved at all points of the legislation, budgeting, policy making and programming cycle
1. Several States have guidelines to mainstream disability in national and/or international co-operation. It is necessary that such guidelines apply to and crosscuts the overall legislation and policies. Arrangements need to be made to aware governments at all levels about the existence of such policies and to earmark existing resources and sanctions to implement such policies.
JAPAN DISABILITY FORUM
JDF’s Comment (1)
We are aware that reform of treaty bodies is under discussion at the international level and recognize, to some extent, streamlining of monitoring is necessary in order to achieve purposes of various international conventions. However, resources should be reinforced and political will should be expanded in order to achieve the goal of conventions. In any event, streamlining of treaty bodies should not lead to lack of monitoring mechanism of this Convention. Neither should it result in the lack of effective human rights treaty bodies. In view of promoting both effectiveness of human rights treaty bodies and its streamlining (efficiency), international monitoring should be provided for this Convention.
JDF’s Comment 2
The essential problem is the lack of political will to comply with treaties and to strengthen their support system. The most practical and effective means of a structural reform is to increase budget and raise political will. Giving efficiency the priority is essentially incompatible with the effective monitoring, of which core concept is the protection of individual rights.
JDF’s Comment 3
It is also important to decide who implements the monitoring. A monitoring Committee will not work if it lacks diverse points of view and participation of persons with disabilities. Promoting efficiency and uniformity may frustrate recourse for remedy. It is necessary to operate this Convention together with other human rights treaties and to enhance participation of people with disabilities by establishing a special Committee under implementation clauses of this Convention as well as by providing necessary resources.
Discussions of international monitoring should not be delayed by discussion on the reform of treaty bodies. The new Convention should provide periodical governmental report system as existing convention do. In addition, this new Convention should involve stakeholders as a matter of priority.
JDF’s Comment 4
All international human rights treaties provide periodical government report system. The State Parties to such instruments are obliged to submit reports. However, in reality, many States do not meet the deadline. Committees are not able to manage evaluation of reports. Several reasons have been cited and they include the lack of human resources in Office for High Commissioner for Human Rights or inability of hiring sufficient number of professionals because of under-financed United Nations budget. Most important reason is that the independence of committees has been questioned. This has occurred since the appointment process of committee members has not transparent and also it is not certain whether all the committee members are independent from governments.
JDF’s Comment 5
In view of the point that providing a convention committee is the most desirable for effective implementation of this Convention, under implementation clauses of this Convention, several points shall be proposed.
1. It shall be expressly provided in this Convention that NGOs and related organizations shall be involved in evaluation process of State reports.
2. With regard to nomination of committee members who are involved with the State reports evaluation, the selection of the members, who are people with disabilities, shall be essential.
3. Support system to committee members is necessary. It is also important that the committee shall not be separated from other human rights committees, whether or not it is to be under Office for High Commissioner for Human Rights. Financial resource to promote this system is required.
4. The methodology of information dissemination about this Convention shall be expressly provided in this Convention.
5. International commitment is important in actual and technical support and establishing financial support if it is necessary after report evaluation (See International Cooperation Clause).
JDF’s Comment 6
It is necessary to provide an individual communication procedure and inquiry. Optional Protocol of Convention on the Elimination of All Forms of Discrimination provides such an individual communication procedure and inquiry system. When a State ratifies this Protocol, it allows either individuals or groups of individuals to complain to the Committee to seek remedy and the Committee makes a recommendation. In addition, under the inquiry system provided in this Protocol, if the Committee receives reliable information indicating grave or systematic violation of rights, the Committee may designate State Parties to conduct an inquiry and to report urgently to the Committee.
National implementation framework
1. States Parties shall designate a focal point within government for matters relating to the implementation of the present Convention, and give due consideration to the establishment or designation of a coordination mechanism to facilitate related action in different sectors and at different levels.
JDF’s Comment 1
The focal point on disability and this Convention should be clearly identified. Views of people with disabilities should be reflected in this responsible agency.
Original Text of the Draft
2. States Parties shall, in accordance with their legal and administrative system, maintain, strengthen, designate or establish at the national level a framework to promote, protect and monitor implementation of the rights recognized in the present Convention.
JDF’s comment 1
National monitoring institution, of which independence from administrative branch and participation by stakeholders are ensured, shall monitor the implementation of the said rights. It shall also clarify its system and role in order to reflect the views of people with disabilities. First, as to the domestic monitoring institution, independence from administrative branch and participation of concerned parties (for example, active participation of NGOs of persons with disabilities in the composition of the institution) shall be secured, based upon Paris Principles Relating to the Status and Functioning of National Institutions for Protection and Promotion of Human Rights (1993).
Second, in order to allow the institution effective mandate and role, establishment act for such a monitoring committee, where its mandate to provide recourse for violation of rights is clearly set forth, shall be prepared.
JDF’s Comment 2
The following points are important with regard to the role of national monitoring institution:
1. The institution monitors national legislation, policy and planning.
2. The institution undertakes and promotes research as to the effect on national legislation.
3. The institution accepts complaints against incompliance with the Convention.
4. The institution, when it accepts complaints against incompliance with the Convention, undertakes discretionary investigation. When discretionary investigation does not solve the situation and when further investigation is necessary, it undertakes mandatory investigation.
5. The institution undertakes mediation in order to let the complainants recover from the damage, when it is decided that violation of the Convention has taken place.
6. When the mediation turns to be unsuccessful and discrimination or violation of the rights is recognized, the institution shall make provisional measure, warning, publication, recommendation or request, depending on the significance and emergency of the matter.
7. The institution shall investigate and monitor the implementation situation of the Convention, periodically submit the report of such investigation, and submit to Cabinet Office proposals of amendment and enactment of related acts.
8. The institution shall prepare the reports which the State is required to submit to international monitoring committee pursuant to the implementation of the Convention when commissioned by the government.
<International Cooperation >(Annex II)
JDF’s Comment 1
Inclusion of international cooperation in this Convention is important. Without it, meaningful discussions about the needs for international cooperation in disability field do not occur.
JDF’s Comment 2
It is necessary to take into account international cooperation provision under International Covenant on Economic and Social Rights Article 2(1) and Convention on the Rights of the Child Article 4, and as to the monitoring, Convention on the Rights of the Child Article 45.
Related Provision: International Covenant for Economic and Social Rights Article 2
1. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.
Related Provision: Convention on the Rights of the Child Article 4
States Parties shall undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention. With regard to economic, social and cultural rights, States Parties shall undertake such measures to the maximum extent of their available resources and, where needed, within the framework of international co-operation.
JDF’s Comment 3
As to the international cooperation, implementation by ILO of Convention Concerning the Prohibition and Immediate Action for The Elimination of the Worst Forms of Child Labor (ILO Convention No. 182. Such worst forms of child labor include sexual slavery and compulsory recruitment for use in armed conflict) and (ILO Convention No. 138) shall be referred. State Parties are to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labor as a matter of urgency (No. 182 Convention). In order to prohibit and eliminate such worst forms of child labor within “five years,” especially in developing countries, technical cooperation has been in effect financed by governments of developed countries and by bodies of employers and workers. (Accordingly, methods adopted by ILO may be referred in terms of international cooperation in eliminating discrimination against persons with disabilities in developing countries.)
JDF’s Comment 4
Current official development assistance presents a problem that the projects are separated to those for only persons with disabilities and those for general population, of which latter lacks consideration to persons with disabilities. Not only international cooperation projects solely for persons with disabilities, but also projects for general population should benefit persons with disabilities. Therefore, establishment of a guideline for disability inclusive development cooperation and is compliance by donor and recipient countries should be the principle of international cooperation.
LANDMINE SURVIVORS NETWORK
DRAFT ARTICLE 25 COMMENTS
The inclusion of this provision in the Working Group text reflects the now routine treaty practice to create obligations in relation to national legal implementation. Developments in the law of treaties in this regard recognize that the primary responsibility for implementation lies with states.
The article is a substantially shortened version of the original text considered for inclusion by the Working Group.
Footnote 112 references the subject of international monitoring which the Working Group did not consider in any detail and notes some disagreement among members on the subject of international monitoring. It is noteworthy that all principal international human rights conventions do create international monitoring mechanisms within the framework of the treaties. The absence of any such framework within a convention on the rights of persons with disabilities would represent a significant departure from international human rights treaty practice, and a weakening of this convention.
Footnote 113 indicates that the Working Group was unable to undertake detailed drafting of this provision, and references the on-going UN review of existing human rights treaty monitoring. Some Working Group members felt that whilst the treaty reform process should be taken into consideration, the Ad Hoc Committee should certainly not wait for that process to be completed.
Footnote 114 references possible functions for national human rights monitoring institutions, drawn from the Paris Principles which provide detailed and highly relevant guidelines on the operation of national institutions. An explicit reference to the Paris Principles was deleted from an earlier draft of Article 25. (Cf. Paris Principles on National Institutions for the Promotion and Protection of Human Rights, GA Res. 48/134 (20 December 1993); Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Articles 17-20)
WORLD BLIND UNION
National Implementation Framework could be used as national plans but should not replace an International Monitoring Mechanism.
The UN Standard Rules on Equalisation of Opportunities for Persons with Disabilities, together with its supplement could serve as a monitoring tool and as a national framework.
INTERNATIONAL MONITORING MECHANISMS
It is very important to guarantee the best and strongest possible international monitoring system.
Other conventions can be of help and support for finding suitable texts.
However, the IDA members have drafted a suggestion to make it possible to start up the discussion.
WORLD NETWORK OF USERS AND SURVIVORS OF PSYCHIATRY
Draft Article 25
WNUSP COMMENT: WNUSP urges the addition of a requirement that the national implementation framework and designation of a focal point for implementation of the convention be developed in close consultation with persons with disabilities and their representative organizations, conforming to the similar provision in article 4(2) for development of policies and legislation to implement this Convention.
* Protection from forced and unwanted interventions also implies the unbundling of services, so that people with disabilities have the freedom to exercise choice with respect to each service offered.
** The Human Rights Committee considers that the grounds of discrimination enumerated in Article 2 apply to both Article 2, which deals with rights guaranteed by the ICCPR itself, and also to Article 26, which "provides in itself an autonomous right" to equality before the law and equal protection of the law without discrimination, and "prohibits discrimination in law or in fact in any field regulated and protected by public authorities."