Portugal – IMM situation

IMM name: National Mechanism for Monitoring the Implementation of the United Nations Convention on the Rights of Persons with Disabilities  [Mecanismo Nacional de Monitorização da Implementação da Convenção das Nações Unidas sobre os Direitos das Pessoas com Deficiência]

IMM type: New established entity

CRPD ratification date: 23 September 2009

IMM legal framework: Law 71/2019, 2 of September 2019

Portugal ratified the CRPD on 23 September 2009. Law 71/2019, 2 September 2019, was adopted to establish the National Mechanism for Monitoring the Implementation of the United Nations Convention on the Rights of Persons with Disabilities. The Independent Monitoring Mechanism is a newly established entity that is not part of a Monitoring Framework consisting of another or other entities. The Portuguese Parliament approved a new legal regime relating to the Independent Mechanism. It created a new independent body that works with Parliament with administrative and financial autonomy.

The IMM is mandated with the following functions:

• Promoting the rights of persons with disabilities, including through education, outreach, the media, training and capacity building
• Protecting the rights of persons with disabilities, including by receiving, investigating, and resolving complaints, or by mediating conflicts and monitoring activities and reporting
• Monitoring the implementation of the CRPD

The IMM undertakes/has undertaken the following activities:

• Developing a plan to monitor the implementation of the CRPD by the State: Since its establishment, the mechanism has developed two action plans
• 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
• Receiving and considering complaints or reviewing the outcome of complaints received by the NHRI
• Submitting alternative reports to the CRPD Committee and other relevant human rights treaty bodies or international human rights mechanisms
• Participating in the preparation of the State party’s periodic reports to the CRPD Committee
• 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
• Liaising with National Mechanisms for Reporting and Follow-Up on matters relating to implementation of the CRPD

The IMM’s membership is composed of persons with disabilities and representatives of organisations of persons with disabilities. In accordance with Portuguese legislation, the National Mechanism is mostly composed of seven members appointed by the people's non-governmental organisations, and also includes a representative of the Ombudsman's Office and two persons of merit appointed by Parliament and a representative of the governmental entity but without voting rights. The nomination process is transparent and democratic which is open to non-governmental organizations of persons with disabilities who can present their candidacies and participate in the direct and secret election to elect elected members to assume their mandates of the National Mechanism. According to Portuguese legislation, any and all people with disabilities, through non-governmental organizations of people with disabilities, can present their candidacies that are democratically elected by universal vote, right, and secrecy of voters who are duly recognized by non-governmental organizations. Government entities do not interfere in the appointment of members of the Independent Mechanism. In accordance with Portuguese legislation, members appointed to the National Mechanism serve a term renewed every five years and cannot be removed by government authorities.

Participation of persons with disabilities in the monitoring process:

The activities that persons with disabilities and their representative organisations participate in the monitoring process include monitoring of public policies and legislation concerning persons with disabilities. Persons with disabilities take part in the decision-making process of the Independent Monitoring Mechanism; they have a voice and the right to vote. Persons with disabilities attend the decision-making process of the Independent Monitoring Mechanism; they have a voice throughout the deliberations. Furthermore, persons with disabilities as designated experts on disability are invited and/or hired to support specific programmes in the Independent Monitoring Mechanism. 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.

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