The Convention on the Rights of Persons with Disabilities provides for the establishment of national mechanisms and institutions for the implementation and monitoring of the Convention both at the international and at the national level.
National implementation and monitoring mechanisms, the focus of this module, are set out in article 33 of the Convention. These are:
Focal points. Article 33, paragraph 1, introduces domestic implementation through the designation of a focal point or focal points within the Government. The Convention does not specify who could act as focal point (a ministry, a department in a ministry, a single person and so on). At the very least, having a focal point means that the Convention should not remain only in the ministry of foreign affairs, as an international issue, but should have a dedicated entity focused on national implementation.
Coordination mechanism. The same paragraph requires States to give due consideration to the establishment or designation of a coordination mechanism within the Government to facilitate action related to the implementation of the Convention. Although optional, such a coordination mechanism could be beneficial. Traditionally, disability issues have been dealt with by one ministry, such as the ministry ofhealth or of social affairs. The risk has beenthat the education of children with disabilities was sometimes dealt with by the ministryof social affairs rather than that of education.Such an arrangement tends to exacerbateexclusion and promote segregation. The Convention spans all rights and, therefore, a rangeof ministries should have responsibilities suchas the ministry of the interior, of justice, of education, of labour and so on. A coordinationmechanism can help ensure that the Convention does not remain stuck in one ministry butthat responsibilities are shared.
Independent implementation and monitoring mechanism. Article 33, paragraph 2, on the other hand, focuses on establishing a structure to oversee the implementation of the Convention. It requires States to maintain, strengthen, designate or establish one or more independent mechanisms to promote, protect and monitor implementation of the Convention. Importantly, in setting up such mechanisms, States have to take into account “the principles relating to the status and functioning of national institutions for protection and promotion of human rights”, otherwise known as the Paris Principles. These are dealt with in greater detail below. At this stage, it is important to highlight the relevance of these Principles to ensuring a truly independent and well-functioning national independent monitoring mechanism as required by the Convention.
The Convention also stipulates that civil society, particularly persons with disabilities and their representative organizations, should participate fully in all aspects of this monitoring process, just as they are to be involved in the development and implementation of policies, programmes and legislation to implement the Convention, in line with article 4.
This reference to civil society raises at least two issues:
In addition to the specific monitoring, promotion and protection framework set up under the Convention, parliaments as well as national courts and tribunals can also play a key role in promoting and protecting the rights in the Convention. Other relevant mechanisms include labour inspectorates, school inspectors and any other mechanisms that have a role in monitoring rights. They should monitor the rights of persons with disabilities as part of their general monitoring functions.
The inclusion of an article detailing national implementation and monitoring structures and their functions continues a trend in human rights treaties towards strengthening the national monitoring of human rights. Prior to the Convention on the Rights of Persons with Disabilities, the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment also required State parties to set up national preventive mechanisms.