Day of general discussion on the consultation and involvement of persons with disabilities in decision-making and monitoring processes, 2018
Date
11 June 2018
Committee on the Rights of Persons with Disabilities
A day of general discussion was held on Monday 11 June 2018, during the Civil Society Forum of the Eleventh Conference of States parties to the Convention.
The day of general discussion aimed to identify the key issues that the general comment needs to address regarding the implementation of articles 4(3) and 33(3) of the Convention. The Committee has among others encountered the need for clarification of the defining elements of ‘representative organizations’ of persons with disabilities and ‘individuals with disabilities’ as to referring to those cases where representative organizations do not necessarily include all constituencies (i.e. persons with psychosocial disabilities), including the use of terminology, as well as regarding the scope of involvement of organizations of parents and relatives of persons with disabilities, and on how to include all groups of persons with disabilities in decision-making and monitoring processes, regardless of their cultural, sexual and political background.
Moreover, the scope, criteria and legal effect of the involvement of persons with disabilities, through representative organizations, as well as the obligation to ‘consult closely’ and ‘actively involve’ persons with disabilities, through their representative organizations, in decision-making and monitoring processes, remains vague and divergent from one State party to another.
The Committee calls for highlighting and identifying good practices with regard to the implementation of articles 4 (3) and 33 (3) at the national level, including the direct engagement with representative organizations of women with disabilities, representative organizations of children with disabilities, organizations of self-advocates composed of and representing persons with intellectual disabilities, as well as representative organisations of persons with psychosocial disabilities and/or individuals with psychosocial disabilities, and the establishment of permanent consultation mechanisms with representative organizations of persons with disabilities.
Documentation
Background documentation
- Report of the Special Rapporteur on the rights of persons with disabilities. Thematic study on the right of persons with disabilities to participate in decision-making - A/HRC/31/62
- Report of the Special Rapporteur of the Human Rights Council on the rights of persons with disabilities, Catalina Devandas-Aguilar - A/71/314
- Report of the Office of the United Nations High Commissioner for Human Rights. Thematic study on the rights of persons with disabilities under article 11 of the CRPD, on situations of risk and humanitarian - A/HRC/31/30
General comments and other key documents by the CRPD Committee:
- CRPD, General comment No. 5: Living independently and being included in the community - CRPD/C/GC/5
- CRPD, General comment No. 2: Accessibility - CRPD/C/GC/2
- CRPD, General comment No. 3: Women and Girls with Disabilities - CRPD/C/GC/3
- CRPD, General Comment No. 4: Right to inclusive education - CRPD/C/GC/4
- CRPD Guidelines on the Participation of Disabled Persons Organizations (DPOs) and Civil Society Organizations in the work of the Committee
- CRPD Guidelines on Independent Monitoring Frameworks and their participation in the work of the Committee
General comments by other treaty bodies:
- CESCR, General Comment No. 5: Persons with disabilities - E/1995/22
- CRC, General Comment No. 12: The right of the child to be heard - CRC/C/GC/12
Inputs received
May 2018 - Written submissions on Article 4.3 and 33.3 - Participation with persons with disabilities in the implementation and monitoring of the Convention
States
- Government of Denmark
- Government of Finland
- Government of the United Kingdom of Great Britain and Northern Ireland
International organizations
NHRIs, independent monitoring frameworks and other national institutions
- The Commission on Human Rights of the Philippines
- The Interfederal Centre for Equal Opportunities (Unia)
Organizations of persons with disabilities/DPOs
- Belgian Disability Forum asbl (BDF)
- Canadian Association for Community Living and People First of Canada
- Center for the Human Rights of Users and Survivors of Psychiatry (CHRUSP) and the Campaign to Support CRPD Absolute Prohibition of Commitment and Forced Treatment (Absolute Prohibition Campaign) - Preliminary version and Comprehensive version - 1 | 2
- COFACE Families Europe
- Equal Rights for Persons with Disabilities Initiative (ERPWDI) and FESTAC-USA, Inc and Public-Private Partners (P3)
- European Disability Forum
- European Network of (Ex)Users and Survivors of Psychiatry
- Fundación Cermi Mujeres
- HFtrust Ltd
- Inclusion Europe
- Inclusion International and Down Syndrome International
- International Disability Alliance (IDA)
- ISL e.V. - Bundesgeschäftsstelle
- Japan National Assembly of Disabled Peoples’ International (DPI-Japan)
- Northwest Forum of People with disabilities
- The Swedish Disability Rights Federation and Independent Living Institute
- UNAPEI
- Unión Latinoamericana de Ciegos (ULAC)
- World Blind Union
- World Federation of the Deaf
Civil society organizations/NGOs
- Child Rights Connect
- Comité Español de Representantes de Personas con Discapacidad (CERMI)
- FENACERCI
- International HIV/AIDS Alliance
- Mental Health Europe (MHE)
Academia and other individuals
- American University Washington College of Law
- Dave Deuel PhD
- Renato Constantino, Pontificia Universidad Católica del Perú
- The Tizard Centre - University of Kent
- Thomas Bundschuh, Helena Kennedy Centre for International Justice, Sheffield Hallam University
United Nations
- María Soledad Cisternas Reyes, Special Envoy of the Secretary General on Disability and Accessibility [English]