Introduction to the UN CRPD with a special focus

on Article 33

Gauthier de Beco Alexander HoefmansAssociate Researcher Associate ResearcherCatholic University of Louvain (UCL) Vrije Universiteit Brussel (VUB)

Introduction

Essentials of the UN CRPD

“Nothing about us without us”

Society-based Convention

Paradigm shifts

- conceptual shifts

- structural shifts

Focal Point & Coordination Mechanism

Focal Point

“States Parties, in accordance with their system of organisation, shall designate one or more focal points within government for matters relating to the implementation of the present Convention,[…]”

Coordination Mechanism

“[The States Parties] … 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.”

Focal Point & Coordination Mechanism

Designating/establishment at highest possible level?

Functions

- clear mandate

- reporting procedure- national disability rights agenda

Interaction with civil society

Independent Mechanisms

Article 33 (2) UN CRPD:

‘States Parties shall … designate or establish … a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention. When designating or establishing such a mechanism, States parties shall take into account the [Paris Principles].’

Designation or establishment of

One or more independent mechanisms

Independent Mechanisms

Paris Principles:

- National Human Rights Institutions (NHRIs): types and functions

- Accreditation by the International Coordinating Committee of NHRIs: A-,B- or C-Status

- Independence: criteria- Pluralism: who and how

UN CRPD:

Application to the independent mechanisms: Interpretative questions

Independent Mechanisms

Functions:

- Promotion - Protection- Monitoring

Framework:

- Possible combinations- Federal or decentralised States