Committee on the Rights of Persons with Disabilities

Background

During its 19th session (14 February–9 March 2018) the Committee endorsed a draft general comment on articles 4 (3) and 33 (3) of the Convention and decided to make a call for submissions to all interested stakeholders.

The Committee, as part of the adoption process, held a Half Day of General Discussion in the context of the 11th Conference of States parties to the Convention on the Rights of Persons with disabilities in New York, United States (12-14 June).

On 27 August 2018, the Committee held a public dialogue with organizations of persons with disabilities and civil society organizations on its draft general comment No. 7 on the participation of persons with disabilities, including children with disabilities, through their representative organizations, in the implementation and monitoring of the Convention. The Committee invited interested parties to provide statements and written submissions.

Summary

Persons with disabilities were fully involved and played a decisive role in the negotiation, development and drafting of the Convention on the Rights of Persons with Disabilities. The close consultation and active involvement of persons with disabilities had a positive impact on the quality of the Convention and its relevance for such persons.

Participation, as a principle and a human right, is also recognized in other human rights instruments. Often, persons with disabilities are not consulted in the decision-making about matters relating to or affecting their lives, with decisions continuing to be made on their behalf. The motto “nothing about us without us” resonates with the philosophy and history of the disability rights movement, which relies on the principle of meaningful participation.

Based on its jurisprudence, the Committee aims to clarify States parties’ obligations under articles 4 (3) and 33 (3) and their implementation in this general comment. The Committee notes the progress made by States parties to implement the provisions under articles 4 (3) and 33 (3) over the past decade, such as granting financial or other assistance to organizations of persons with disabilities, including persons with disabilities in independent monitoring frameworks established pursuant to article 33 (2) of the Convention, and in monitoring processes. Moreover, some States parties have consulted with organizations of persons with disabilities in the preparation of their initial and periodic reports to the Committee in accordance with articles 4 (3) and 35 (4).

The Committee, however, continues to observe an important gap between the goals and the spirit of articles 4 (3) and 33 (3) and the degree to which they have been implemented. This is due, among other things, to the absence of meaningful consultation with and involvement of persons with disabilities, through their representative organizations, in the development and implementation of policies and programmes.