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The International Meeting on the Roles and Functions of National Co-ordinating Committees on Disability in Developing Countries13 adopted Guidelines for the Establishment and Development of National Co-ordinating Committees on Disability or Similar Bodies. The goals of these guidelines aimed at developing national policy and legislation on disability and at inspiring effective measures for the prevention of disability, for rehabilitation and for realisation of goals of full participation of persons with disability in social life and development. These Committees have a very important role to play in the monitoring of these national policies, legislation or measures.
The Swedish idea of a high ranking official vested with jurisdiction to inquire into claims of administrative and human rights violations has been adopted in many parts of the world. Through informal enquiry the ombudsman is often able to ascertain the facts of a complaint much more expeditiously than a court. The reports of the ombudsman carry great weight and Governments feel obliged to act upon them. The reports of the ombudsman are published. The ombudsman is able to handle many kinds of administrative enquiries which courts are reluctant to undertake. The ombudsman could have a very important role regarding claims of disabled persons.
One of the most important role of NGOs14 is to monitor in their own or in other countries and lobby national Governments and international bodies. The existence of NGOs is essential for the effective protection of human rights at both national and international levels, as it is NGOs, which create the public understanding of human rights, as well as monitoring and seeking to rectify violations.
At the Global Meeting of Experts15, the participants agreed on the importance of encouraging non-governmental organisations, as they often act as a vehicle for self-development, and at the same time can effectively influence certain decisions made by Governments and other sectors of society. NGOs are not confined to protect rights, but have also undertaken other activities, such as promotion of equality of opportunity through the provision of certain services (e.g. leadership training, vocational training).
The domestic court system serves an important function in ensuring the rights of persons with disabilities. Aggrieved disabled persons may bring an action when their rights are violated. They may sue for damages where appropriate. The court may then decide whether the rights of the claimant have been infringed. Judgements of the court can be enforced by ordinary means. Courts also may bring matters to legislative attention and encourage various interest groups to take up action on certain issues. The greater the extent to which international norms on disability is widely known, the greater the possibility of domestic courts complying with these norms. National courts could become a promoter and protector of international human rights of persons with disabilities. Furthermore, judicial initiatives can propel the executive and legislative branches of Government to reform the law.
Controversial disability matters, such as the sterilisation of mentally retarded children, might fall within the jurisdiction of special family courts. These courts are aimed at providing informal and speedy relief in family law matters. Family court counselling staff assist in the process. Out of court settlements are encouraged. To promote the appearance of informality, judges and counsel do not robe formally. Closed sessions avoid the sensationalism of formal court proceedings.
13 Held in Beijing, 5-11 November 1990
14 Rachel Brett, p. 121
15 Held in Stockholm, 1987
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