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Module 6
National implementation and monitoring frameworks
Identify the main institutional actors with roles in implementing and monitoring the Convention
Understand the main functions of those involved in implementation and monitoring
Main actors Focal points and coordination
mechanisms National independent
mechanisms Parliaments Courts and tribunals Participation of civil society
Objective Module flow
Relevant actors
Implementation and monitoring
of the Convention
Focal points Coordination mechanism
National monitoring framework
Civil society, PWDs &
OPDs, media, academics
ParliamentCourts & tribunals
Focal points andcoordination mechanisms
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)
Possible functions
What are the possible functions of focal points and coordination mechanisms?
Example: GermanyMechanism Authority Composition and mandate
Focal point • Federal Ministry for Labour and Social Affairs
• Sub-focal points in the 16 Länder
• Liaises with the 16 Länder on implementation
• Working group regularly consults with OPDs
Coordination mechanism
• Federal Government Commissioner for Matters relating to Persons with Disabilities
• Staff of 13• Raises awareness of the Convention• Advises the Federal Government• Facilitates cooperation between Ministries
and OPDs
Advisory body (not required by the Convention)
• The Inclusion Committee
• Comprises one Federal Commissioner, one State Commissioner, independent experts and 10 OPD representatives
• Staff of two• Promotes the Convention• Makes recommendations to the
Government• Coordinates 4 thematic working groups
Example: Spain
Mechanism Authority Composition and mandate
Focal point • Directorate-General for the Coordination of Sectoral Policies on Disability/Ministry of Health, Social Services and Equality
• Comprises 46 staff• Responsible for disability policies• Coordinates between ministries• Coordinates between central
Government and autonomous communities
Coordination mechanism
• National Disability Council
• Comprises 40 members from the focal point: president, three vice-presidents, 16 representatives of 12 other ministries, 16 OPD representatives, 4 experts
• Coordinates policies• Facilitates cooperation between
ministries and OPDs
National independent mechanisms
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.
Art. 33 (2)
Establishing the framework
Maintain, strengthen, designate or establish?
Mechanism or mechanisms? Paris Principles-compliant?
• Independent• Plural
Accessible?
Functions
National independent framework
Promotion Protection Monitoring
Awareness-raising
Advocacy Ratification
promotion Education Training Advice to
Government
Individual complaints
Amicus in litigation
Combatting discrimination
Use of media, parliament
Public inquiries Studies and
surveys Law reviews Annual reports Alternative
reports to Committee
Parliaments
Parliamentary committees
Commissions of inquiry
Direct questioning of ministers
Scrutiny of executive appointments
Oversight over non-governmental public
agencies
Budgetary scrutiny and financial control
Courts and tribunals
Protect rights Provide an enforceable remedy Interpret and apply the Convention nationally Complement the work of article 33
mechanisms Identify problem areas related to the
implementation of the Convention Trigger law reform Prevent similar problems in the future
Participation of civil society
Civil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process.
Art. 33 (3)
Sources
Convention on the Rights of Persons with Disabilities; A/HRC/10/48 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 (HR/PUB/07/6)