D. The Paris Principles in the context of the Convention
An international workshop of national human rights institutions, held in Paris in 1991, first drafted the Principles relating
to the status and functioning of national institutions for the protection and promotion of human rights, known today as the
Paris Principles.
Article 33 (2) of the Convention requires State parties to take these Principles into account when designating or establishing
mechanisms to promote, protect and monitor its implementation. With reference to the Convention, the Paris Principles would
raise the following questions:
Competence and responsibilities
In general terms:
- Has the mechanism been vested with competence to promote and protect the Convention's provisions?
- Is the mandate as broad as possible?
- Is the mandate set forth in a legislative act or in the constitution?
- Does the law establishing the mechanism set out the mechanism's composition and competence/mandate?
In relation to specific responsibilities:
- Does the mandate include the possibility to hear any matter, without referral, relating to the promotion and protection of
the rights of persons with disabilities?
- Can the mechanism promote and ensure the harmonization of national laws and policies with the Convention?
- Can the mechanism encourage ratification of other human rights instruments, such as the Optional Protocol to the Convention?
- Can the mechanism contribute to State reports to United Nations and regional bodies, such as the Committee on the Rights of
Persons with Disabilities or the Conference of States Parties, and express its opinion on the subject?
- Can the mechanism assist in the formulation of programmes for disability rights education?
- Can the mechanism publicize the rights of persons with disabilities and raise awareness about the Convention, including through
combating all forms of discrimination based on disability?
Composition and guarantees of independence and pluralism
- Is the composition of the mechanism pluralistic; in particular, does it have experts that reflect the diversity of disability?
- Does the composition of the mechanism include and/or reflect: civil society, trends in philosophical or religious thought,
universities and qualified experts, parliament?
- While optional, does the composition of the mechanism include government departments participating in the mechanism's deliberations
in an advisory capacity?
- Does the mechanism have sufficient powers to enable effective cooperation with non-governmental organizations, including organizations
of persons with disabilities?
- Is the mechanism funded so that it has its own staff and premises, so that the Government cannot subject it to financial control
in a way that might affect its independence?
- Is the membership of the mechanism established by an official act which sets out the specific duration of the mandate?
Methods of operation
- Can the mechanism freely consider any question falling within its competence?
- Can the mechanism hear any person and obtain any information necessary for assessing situations falling within its competence?
- Can the mechanism address public opinion, including through publication of its opinions and recommendations?
- Can the mechanism meet on a regular basis?
- Can the mechanism establish working groups and set up local or regional sections?
- Can the mechanism maintain consultation with other bodies responsible for the promotion and protection of human rights?
- Can the mechanism establish and maintain relations with persons with disabilities and their representative organizations?
Additional principles concerning the status of commissions with quasi-jurisdictional competence
An optional principle relates to the authorization of a mechanism to hear and consider complaints and petitions concerning
individual situations, such as claims that the rights of a person with a disability have been breached. Where this option
is granted, the power of the mechanism should be based on four principles:
- Seeking an amicable resolution through conciliation
- Informing petitioners of their rights and remedies
- Hearing complaints or petitions and transmitting them to the competent authorities
- Making recommendations to the competent authorities.
For the Paris Principles to apply fully to the national framework under article 33, it is essential to ensure access to justice.
In this connection, article 13 requires States to:
- Ensure effective access to justice for persons with disabilities on an equal basis with others, including through the provision
of procedural and age-appropriate accommodations; and
- Promote appropriate training for those working in the field of administration of justice, including police and prison staff.
Accessibility considerations and accommodation can relate for instance to:
- Access to the building that houses the mechanism
- Publication of reports, awareness-raising materials, recommendations, training materials and so on in accessible formats
- Access to the mechanism's website
- Affirmative action policies to promote the employment of persons with disabilities
- Provision of reasonable accommodation to individual employees of the mechanism
- Provision of accessibility measures such as sign language interpretation during public hearings.