Article
34 - International monitoring
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Governments
EUROPEAN UNION
Draft Article 25
MONITORING
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
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.
KENYA
Draft Article
25
MONITORING
Replace the word ‘Monitoring’ with the Phrase ‘National Implementation Framework’
in the title of the article.
Insert this new article after article 25
MONITORING
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
Monitoring
• 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.
Non-governmental organizations
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
Article 25
Monitoring
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
Footnotes
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
<Article 25>Monitoring
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.
Original Text
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
MONITORING
Article 25:
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
Article 26:
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.
Footnotes:
* 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."
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