Germany – IMM situation

IMM name: National CRPD Monitoring Mechanism [Monitoring-Stelle UN-Behindertenrechtskonvention]

IMM type: National Human Rights Institution

CRPD ratification date: 24 February 2009

IMM legal framework: Law on the Legal Status and Mandate of the German Institute for Human Rights (DIMR-G), 10.07.2015.

Germany ratified the CRPD on 24 February 2009. In 2008, the Federal Cabinet decided to assign the IMM to the German Institute for Human Rights. This decision was preceded by consultations with the Institute and ODPs. The German Disability Council (Deutscher Behindertenrat), an umbrella organization of German NGOs working in the field of disability (including ODPs), had advocated that the Institute should take on the monitoring function in accordance with UN CRPD.

The IMM is a National Human Rights Institution and is not part of a Monitoring Framework consisting of other entities. The mandate of the IMM extends to all parts of the federal state, and the funds of the Federal Parliament (Bundestag) for the IMM are meant for monitoring the federal level. Additional monitoring of the implementation of the CRPD in individual federal states is carried out based on third-party-funded projects (funded by the federal states). However, there is one permanent monitoring mechanism at federal-state level established by the federal state of North Rhine-Westph.

As an independent monitoring mechanism under Article 33(2) of the UN Convention on the Rights of Persons with Disabilities of 13 December 2006, the German Institute for Human Rights (registered association) shall carry out the tasks described in the Convention (see section 2(4) Law on the legal status and mandate of the German Institute for Human Rights). The IMM is also mandated with the following functions:

• Promoting the rights of persons with disabilities, including through education, outreach, the media, training and capacity building through reports, public statements, events, and policy advice
• Protecting the rights of persons with disabilities, including by receiving, investigating and resolving complaints, or by mediating conflicts and monitoring activities and reporting through receiving and collecting complaints by individuals, and engaging in amicus curiae briefs
• Monitoring the implementation of the CRPD through data collection, civil society consultations, reports, public statements, events, policy advice

The IMM undertakes/has undertaken following activities:

• Evaluating policy, legislative and administrative compliance with the CRPD
• Offering legal and policy advice to ensure compliance with the CRPD and other relevant international human rights obligations of the State
• Initiating or undertaking research studies on the rights of persons with disabilities
• Promoting the rights of women and girls with disabilities in legislation and policies, including in the disability and gender-equality legislation and programmes
• Focusing on monitoring of the rights of women and girls with disabilities and reporting
• Submitting alternative reports to the CRPD Committee and other relevant human rights treaty bodies or international human rights mechanisms
• Cooperating with other domestic mechanisms, as appropriate, such as the Parliament, the National Preventive Mechanism (NPM), National Human Rights Institutions (NHRI) and Equality Bodies, with the aim to reinforce human rights monitoring and reporting at the national level
• Liaising with the focal-point(s) designated within government under Article 33(1) for matters relating to the Convention’s implementation.

The monitoring activities in which persons with disabilities or their representatives’ organizations have been involved include monitoring public policies and legislation concerning persons with disabilities. In addition, persons with disabilities monitoring their rights may submit findings or allegations of human rights violations to the Independent Monitoring Mechanism. Persons with disabilities identifying themselves as self-advocates are invited to join specific monitoring activities by the Independent Monitoring Mechanism. Though there is no such thing as a “membership of the IMM” because the IMM is a department of the German Institute for Human Rights, DPOs are represented on the Institute’s Board of Trustees. The General Assembly of the Institute elects members of the Institute’s Board of Trustees. Some of the members of the IMM are persons with disabilities.

The National CRPD Monitoring Mechanism hosts the Civil Society Consultations in Berlin three times each year. The consultations are set up in an inclusive event format designed to encourage the open exchange of experiences and information between the National CRPD Monitoring Mechanism and civil society disability advocacy organizations in Germany. They have been going on since 2009 and are enjoying increasing popularity. As a rule, one specific topic is explored at depth in each session: either a subject of current relevance or one relating to the work of the National CRPD Monitoring Mechanism. There are now over sixty organizations that are regularly invited to participate in the consultations. In principle, Civil Society Consultations are open to any civil society organization. All that is required is an interest in working resolutely for the implementation of the UN CRPD and the desire to exchange experiences relating to the rights of people with disabilities with the National CRPD Monitoring Mechanism and other organizations.

Both very large and very small organizations take part in the consultations, including DPOs and organizations representing the interests of service providers or family members. Although they are open in format, the consultations are not public events. Participation is by invitation only and the consultations are confidential. Two to three times each year, the National CRPD Monitoring Mechanism invites organizations active in disability policy areas to the German Institute for Human Rights to participate in events called the Civil Society Consultations. The point of these consultations is to allow the exchange of information and experience relating to the CRPD between civil society and the National CRPD Monitoring Mechanism and discussion of strategies to promote respect for and the implementation of the convention. One particular issue is highlighted at each of these consultations. The range of organizations represented at these events is uniquely diverse.

Note: If you wish to rectify or provide more information regarding your IMM, please contact ohchr-CRPDIMM@un.org