Introduction

What implementation measures does the Convention require?

Article 4 (1) (a) indicates in broad terms the implementation measures needed for the full realization of the rights of persons with disabilities, without discrimination. It requires States:

To adopt all appropriate legislative, administrative and other measures for the implementation of the rights recognized in the present Convention.

At least three aspects of this subparagraph need to be highlighted. First of all, the article refers to adopting “all” appropriate measures. This suggests that implementation should be comprehensive, in that it should cover all possible measures relevant to the Convention. Article 4 sets out some of these measures, which will be explored in greater detail below. Furthermore, much of the Convention sets out specific implementation measures in relation to specific rights. It is worth looking at any article to understand the types of measures necessary to put the Convention into practice. The reference to “all” appropriate measures can also be understood as a flexibility device: in other words, no options are left out and different States might identify different options for implementation, in keeping with their legal and cultural contexts.

Secondly, the article refers to all “appropriate” measures. In other words, the measures must be appropriate in the light of the principles and obligations in the Convention. They must respect the Convention and promote its principles. They must be consistent with it. Thirdly, the article refers explicitly to legislative and administrative measures, but it also refers to “other” measures. This is in keeping with the other human rights treaties. While legal and administrative measures are important to implement an international treaty, measures to implement human rights treaties fully go far beyond legal and administrative measures and cover education, funding, development, social programmes, institution-building, judicial measures and more. Consequently, such measures must be broad if implementation of the Convention is to be effective. A narrow understanding of the treaty as requiring only legal measures (e.g., without funding measures) risks leading to good laws that are not applied.

A whole range of implementation measures might be relevant, such as:

This module examines a range of implementation measures, such as law reform to ensure that laws and policies respect the Convention through to the provision of adequate services and institution-building.

Many of the implementation measures examined in this module take time and resources. Many participants will want to know what practical steps they could take immediately after ratification or even after the training. Consequently, before examining each implementation measure in greater detail, it is worth considering some more immediate steps that can be taken to start the implementation process. These include: