National implementation and monitoring frameworks Module 6

Objective Module flow Identify the main institutional actors with roles in implementing and monitoring the Convention Understand the main functions of those involved in implementation and monitoring Main actors Focal points and coordination mechanisms National independent mechanisms Parliaments Courts and tribunals Participation of civil society

Relevant actors Implementation and monitoring of the Convention Focal points Coordination mechanism National monitoring framework Civil society, PWDs & OPDs, media, academics Courts & tribunals Parliament Slide 4 The purpose of this slide is to outline the various mechanisms that can have a role in national implementation and monitoring. While the Convention refers explicitly to three mechanisms – focal points, coordination mechanisms and independent monitoring mechanisms/frameworks – other mechanisms can also help to implement and monitor. Parliament, Courts, civil society are examples.

Focal points and coordination mechanisms States Parties, in accordance with their system of organization, shall designate one or more focal points within government for matters relating to the implementation of the present Convention, and shall give due consideration to the establishment or designation of a coordination mechanism within government to facilitate related action in different sectors and at different levels. art. 33 (1)

Possible functions What are the possible functions of focal points and coordination mechanisms?

Example: Germany Mechanism Authority Composition and mandate Focal point Federal Ministry for Labour and Social Affairs Sub-focal points in the 16 Länder Liaises with the 16 Länder on implementation Working group regularly consults with OPDs Coordination mechanism Federal Government Commissioner for Matters relating to Persons with Disabilities Staff of 13 Raises awareness of the Convention Advises the Federal Government Facilitates cooperation between Ministries and OPDs Advisory body (not required by the Convention) The Inclusion Committee Comprises one Federal Commissioner, one State Commissioner, independent experts and 10 OPD representatives Staff of two Promotes the Convention Makes recommendations to the Government Coordinates 4 thematic working groups

Example: Spain Mechanism Authority Composition and mandate Focal point Directorate-General for the Coordination of Sectoral Policies on Disability/Ministry of Health, Social Services and Equality Comprises 46 staff Responsible for disability policies Coordinates between ministries Coordinates between central Government and autonomous communities Coordination mechanism National Disability Council Comprises 40 members from the focal point: president, three vice-presidents, 16 representatives of 12 other ministries, 16 OPD representatives, 4 experts Coordinates policies Facilitates cooperation between ministries and OPDs

National independent mechanisms States Parties shall … … maintain, strengthen, designate or establish … a framework, including one or more independent mechanisms … … to promote, protect and monitor implementation of the … Convention … take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights. Art. 33 (2)

Establishing the framework Maintain, strengthen, designate or establish? Mechanism or mechanisms? Paris Principles-compliant? Independent Plural Accessible?

National independent framework Functions National independent framework Promotion Protection Monitoring Awareness-raising Advocacy Ratification promotion Education Training Advice to Government Individual complaints Amicus in litigation Combatting discrimination Use of media, parliament Public inquiries Studies and surveys Law reviews Annual reports Alternative reports to Committee

Parliaments Parliamentary committees Commissions of inquiry Direct questioning of ministers Scrutiny of executive appointments Oversight over non-governmental public agencies Budgetary scrutiny and financial control

Courts and tribunals Protect rights Provide an enforceable remedy Interpret and apply the Convention nationally Complement the work of article 33 mechanisms Identify problem areas related to the implementation of the Convention Trigger law reform Prevent similar problems in the future

Participation of civil society Civil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process. Art. 33 (3)

Sources Convention on the Rights of Persons with Disabilities; A/HRC/10/48 From Exclusion to Equality: Realizing the Rights of Persons with Disabilities—Handbook for Parliamentarians on the Convention on the Rights of Persons with Disabilities and its Optional Protocol (HR/PUB/07/6)