Key legal measures for the ratification and effective implementation of the Convention on the Rights of Persons with Disabilities and its Optional Protocol:

• States considering ratification of the Convention on the Rights of Persons with Disabilities and its Optional Protocol should engage in a domestic effort to clarify the implications of becoming a party to the Convention. Review of domestic legislation and policies for the identification of gaps or areas for reform should be a key element of such a process, which should also include meaningful and adequate consultation with stakeholders, including civil society and organizations of person with disabilities.

• States becoming parties to the Convention should carefully evaluate the opportunity to lodge reservations or interpretative declarations to the Convention. Human rights treaty bodies have consistently expressed the view that reservations might have the effect of diminishing the scope of protection afforded by treaties.

• Incorporation of the Convention in the domestic legal order of States parties realizes the full potential of the treaty and results in enhanced protection. States parties where the Convention is not automatically incorporated into the national legal system should consider the adoption of specific measures for this purpose.

• International human rights treaties prevail over national legislation. Provisions of constitutional law as well as other aspects of domestic law cannot be invoked to justify a failure to perform or give effect to the obligations assumed by States upon ratification of the Convention.

• The domestic review for compliance with the Convention that States are required to conduct should extend to all areas covered by the treaty, including equality and non-discrimination measures required for the full and equal enjoyment of all human rights by women, men and children with disabilities.

• With a view to guaranteeing effective equality of persons with disabilities in all areas of life, legislative measures are not sufficient and should be accompanied by judicial, administrative, educational, financial and social measures, amongst others.

• States parties to the Convention should ensure that all rights enshrined in the Convention are justiciable before national courts and access to justice for persons with disabilities should be ensured, in accordance with article 13.

• States parties are required to establish or designate national implementation and monitoring structures in accordance with article 33. The effective establishment and functioning of such structures plays a key role in the effective implementation of the Convention.

• States parties to the Convention should continuously assess the impact of policies and legislation adopted to give effect to the Convention, in cooperation with persons with disabilities and their representative organizations and other relevant stakeholders.