The Convention on the Rights of Persons with Disabilities: Training Guide

i ii iii

NOTE

iv

FOREWORD

v vi

CONTENTS

vii 1

ABOUT THE TRAINING GUIDE

Background

Overview of the Training Guide

What is this Training Guide?

Whom is the Training Guide for?

2

Who is the target audience of the training modules?

How to use the Training Guide

3

Planning your course

Carry out a training needs assessment to find out what participants need from the course

4

Select the right sessions

Draw up a course agenda

Select the training team

Gather additional information

5

Specific language preparation

Context-specific preparation

Accessibility

Evaluation

6 7

MODULE 1 – WHAT IS DISABILITY?

Introduction

A. How disability works

8

B. Different approaches to disability

The charity approach

9

The medical approach

The social approach

10

The human rights approach

11

Which approach is dominant today?

C. The consequences of the charity and medical approaches to disability

Perception that persons with disabilities are “special”

12

Perception that persons with disabilities are dangerous

13

Perception that persons with disabilities are superhuman

14

Perception that persons with disabilities are a burden

15 16 17

D. The Convention's disability concept

18

E. A note on terminology

Does interaction with persons with disabilities require special skills?

Terminology

19 20 21

MODULE 2 – A SHORT INTRODUCTION TO THE CONVENTION

Background

22 23

A. What is the Convention?

B. What is the purpose of the Convention?

24

C. Why is the Convention important?

D. “Disability” and “persons with disabilities”

25 26

Women with disabilities

27

Children with disabilities

Others

E. A rights-based approach to disability

F. The structure and content of the Convention

28 29 30 31

G. Principles

H. Human rights in the Convention

32 33

I. Obligations

34 35

J. National and international monitoring mechanisms

36 37

K. Participation and inclusion of persons with disabilities and representative organizations

38 39

Nothing about us without us!

L. What can different actors do to promote the Convention?

40 41 42 43

MODULE 3 – RATIFICATION

Introduction

A. National measures for ratification

44 45 46 47

B. International measures for ratification

C. Reservations, understandings and declarations

48 49 50

D. Incorporation into the legal system of the ratifying State

51

E. Hierarchy of the Convention in the legal system of States

52

F. Promoting ratification: roles of different actors

53 54 55

MODULE 4 – MEASURES FOR IMPLEMENTATION

Introduction

What implementation measures does the Convention require?

56

A. Institution-building for implementation

Institutions required under the Convention (art. 33)

57 58

Other institutions relevant to implementation

Participation of civil society

59

B. Laws, policies and budgets

Law reform

A duty to reform laws

Ingredients for compliance

60 61

Ensuring effective remedies

62

Relevant actors

Process

63

Policies

64 65 66

Budgetary measures in the context of law and policy reform

State duty to provide budgets

67

Disability rights budgeting

68

C. Inclusive services

Service delivery as a complement to law, policy and budget reform

Relevant sectors

69

Service delivery in the light of the Convention

Achieving inclusive services for persons with disabilities

70

Actors involved in service delivery

The role of the State

71 72 73

D. Awareness-raising and training

Awareness-raising

Training

74 75 76

E. Research and development

77 78

F. Monitoring

79 80 81

MODULE 5 – DISCRIMINATION ON THE BASIS OF DISABILITY

Introduction

82

A. Forms of prohibited discrimination

De jure and de facto discrimination

Direct and indirect discrimination

83

Multiple forms of discrimination

Systemic discrimination

Discrimination by association

84

Harassment

Justified differential treatment

B. The definition of discrimination in the Convention

Distinction, exclusion or restriction

85

On the basis of disability

Purpose or effect

86

Recognition, enjoyment or exercise

Enjoyment of human rights “on an equal basis with others”

All human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field

Denial of reasonable accommodation

87

C. Manifestations of discrimination

88 89 90

D. Linking non-discrimination with equality: specific measures

91

E. Who is responsible?

States

92

International and regional organizations

Private enterprises

Service providers

Individuals and families

93

F. What can these actors do to combat discrimination?

94

G. Disability as prohibited grounds of discrimination in other human rights treaties

95 96 97

MODULE 6 – NATIONAL IMPLEMENTATION AND MONITORING FRAMEWORKS

Introduction

98

A. Focal points and coordination mechanisms in the Government

The focal point(s)

99 100

The coordination mechanism

101

B. National independent mechanisms for implementation and monitoring

C. The organizational structure of the monitoring framework: alternatives and preferences – one or more mechanisms

102

D. The Paris Principles in the context of the Convention

Competence and responsibilities

103

Composition and guarantees of independence and pluralism

Methods of operation

104

Additional principles concerning the status of commissions with quasi-jurisdictional competence

E. Functions of the national monitoring framework

F. Participation and involvement of civil society and persons with disabilities

105

G. Parliaments

Parliamentary committees

Commissions of inquiry

106

Direct questioning of ministers

Scrutiny of executive appointments

Oversight over non-governmental public agencies

Budgetary scrutiny and financial control

H. National courts and tribunals

107 108 109

MODULE 7 – REPORTING TO THE COMMITTEE ON THE RIGHTS OF PERSONS WITH DISABILITIES: STATE AND ALTERNATIVE REPORTS

Introduction

A. State reports

1. The Committee on the Rights of Persons with Disabilities

110

2. The requirement on States to report

111

3. The reporting cycle

4. Documents to prepare

112

5. Methodology

6. Content: the reporting guidelines

113 114 115 116

7. List of issues

117 118

8. The Committee's session

119

9. Follow-up

120

10. The functions of reporting

B. Alternative reports

1. Civil society/NHRI input into the reporting cycle

121

2. What are alternative reports?

3. Structure of the report

122

4. Methodology: forming a coalition for an alternative report

123

5. Content: specific rights

124

6. Recommendations

125 126

7. Data collection and analysis

8. Submitting the report to the Committee

127

9. Follow-up to the Committee's session

128 129

MODULE 8 – THE OPTIONAL PROTOCOL

Introduction

A. The Committee on the Rights of Persons with Disabilities

B. The Committee's duties under the Convention

130

C. The Committee's duties under the Optional Protocol

D. Basic information on the communications procedure

131

E. The communication procedure: from complaint to resolution

132

H.M. v. Sweden (communication No. 3/2011)

1. Facts

2. Claim

133

3. The State party's submissions on admissibility and on the merits

4. Decision

134

5. Finding

Szilvia Nyusti and Péter Takács v. Hungary (communication No. 1/2010)

1. Facts

2. Claim

135

3. The State party's submissions on admissibility and on the merits

4. Decision

136

5. Finding

Zsolt Bujdosó and five others v. Hungary (communication No. 4/2011)

1. Facts

137

2. Claim

3. State party's submissions

4. Third-party intervention

5. Decision

138

6. Finding

European Committee of Social Rights Autism Europe v. France complaint No. 13/2002

1. Facts

2. Claim

139

3. Decision

4. Finding

Human Rights Committee M.G. v. Germany, communication No. 1482/2006

1. Facts

2. Claim

140

3. The State party's submissions on admissibility and on the merits

4. Decision

5. Finding

141

F. Checklist for submitting a communication

142 143 144

Who can apply?

Against whom?

What is the communication about?

How?

G. Receivability and admissibility

145 146

H. Interim measures

I. Consideration of the merits and publication of the Committee's views and recommendations

147

J. The inquiry

148

K. Benefits of the Optional Protocol

149 150

L. The role of States, civil society and United Nations country teams

151 152 153

Notes