Before examining various implementation measures more closely, it is worth referring briefly to article 33, which sets out three particularly relevant ones (see also module 6): focal points, coordination mechanisms and independent monitoring mechanisms.
Focal points: Article 33, paragraph 1, requires a focal point or focal points within the Government with responsibility for matters relating to the implementation of the Convention. The Convention does not specify who could act as focal point (a ministry, a department in a ministry, a single person and so on).
Coordination mechanisms: The same paragraph requires States parties 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 by ensuring that all ministries and all levels of government (central, provincial and local) are working together to implement the Convention and disability issues do not remain stuck in one ministry (such as health or social affairs).
Focal points and coordination mechanisms ensure that there is an authority in the country with ongoing responsibility for implementation. By itself, this might not necessarily lead to effective implementation: the focal point and/or coordination mechanism also has to have financial backing to follow up on implementation, as well as have the relevant expertise. Effective participation of persons with disabilities and their representative organizations should also help make focal points and coordination mechanisms effective. Without effective focal points and/or coordination mechanisms, the risk is that no one will be responsible for moving the Convention's standards from the international level to the national level so that they have real meaning.
Some issues to bear in mind:
Some likely initial tasks of the focal point might be:
Independent monitoring mechanisms:
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. In other words, the mechanisms must meet internationally agreed standards of independence, plurality and operating.
Courts: State parties are also required to promote appropriate training on the Convention for the judiciary in accordance with article 13. “In order to help to ensure effective access to justice for persons with disabilities, States Parties shall promote appropriate training for those working in the field of administration of justice, including police and prison staff.” Training should include training for judges and lawyers on the rights of persons with disabilities and on the international commitments of States under the Convention so that cases are dealt with in accordance with international law. In addition, courts should be physically accessible to persons with disabilities and their information must also be accessible (documents in Braille, websites using screen-readable formats, sign-language interpretation in court and so on).
Parliaments: Parliaments have a crucial role to play in implementing the Convention, by adopting legislation but also by holding the executive accountable for policies and strategies as well as service delivery. Parliaments also have an important role in the budget process. While the Convention does not refer to parliaments, strengthening them, by making them accessible and raising awareness among parliamentarians about disability rights and persons with disabilities as key constituents, can have a potentially strong impact on the Convention's implementation.
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: