Slovakia – IMM situation

IMM name: Commissioner for Persons with Disabilities

IMM type: Ombudsperson entity

CRPD ratification date: 25 June 2010

IMM legal framework: Act no. 176/2015 Coll. on the Commissioner for Children and the Commissioner for Persons with Disabilities, which entered into force on 1. September 2015

Slovakia ratified the CRPD on 25 June 2010. Act no. 176/2015 Coll. on the Commissioner for Children and the Commissioner for Persons with Disabilities, which entered into force on 1 September 2015, it was adopted to establish the Commissioner for Persons with Disabilities. The Commissioner is elected by the National Council of Slovakia. A proposal to elect a person as a commissioner for persons with disabilities may be proposed by a member of the National Council or a committee of the National Council. The elected persons must provide a letter of support from at least five representative organizations of persons with disabilities, which are active in the area of promotion and protection of the rights of persons with disabilities for at least five years.

The Independent Monitoring Mechanism is an ombudsperson entity and is not part of a Monitoring Framework consisting of another or other entities. The main activity of the Commissioner for Persons with Disabilities is, in contrast to other rights protection bodies, specialized public protection of rights; the Commissioner deals exclusively with the rights of persons with disabilities recognized in the UN Convention, regardless of whether the Constitution of Slovakia defines them. The legislation creates the conditions for the independent operation of the Commissioner according to the Paris Principles.

The IMM is mandated with the following functions:

• To assess suspicions of a violation of the CRPD
• To monitor obligations from the CRPD
• To promote the interests of persons with disabilities in society
• To organize activities to promote respect for the rights of persons with disabilities and to raise awareness of their rights
• 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
• 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
• Undertaking investigations on the rights of persons with disabilities
• 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

Participation of persons with disabilities in the monitoring process:

Persons with disabilities and their representative organisations participate in the monitoring process through the monitoring of public policies and legislation concerning persons with disabilities. The monitoring activities in which persons with disabilities or their representatives’ organizations have been involved include monitoring of public policies and legislation concerning persons with disabilities. Persons with disabilities attend the decision-making process of the Independent Monitoring Mechanism; they have a voice throughout the deliberations. Furthermore, persons with disabilities monitoring their rights may submit findings or allegations of human rights violations to the Independent Monitoring Mechanism.

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