Module 7.1 State Reporting to the Committee on the Rights of Persons with Disabilities

 Understand the purpose and content of State reports to the Committee on the Rights of Persons with Disabilities  Understand the process of drafting and submitting reports  What is the Committee  The reporting requirement  The treaty body reporting cycle  Methodology  Reporting guidelines  List of issues  The Committee session  Concluding observations  Follow-up  Functions of reporting ObjectivesModule flow

The Committee on the Rights of Persons with Disabilities The Committee Reporting Thematic work Optional Protocol Administration

The reporting requirement Each State Party shall submit to the Committee, through the Secretary-General of the United Nations, a comprehensive report on measures taken to give effect to its obligations under the present Convention and on the progress made in that regard, within two years after the entry into force of the present Convention for the State Party concerned. Thereafter, States Parties shall submit subsequent reports at least every four years and further whenever the Committee so requests. Art. 35 (1) ‒ (2) Each State Party shall submit to the Committee, through the Secretary-General of the United Nations, a comprehensive report on measures taken to give effect to its obligations under the present Convention and on the progress made in that regard, within two years after the entry into force of the present Convention for the State Party concerned. Thereafter, States Parties shall submit subsequent reports at least every four years and further whenever the Committee so requests. Art. 35 (1) ‒ (2)

The treaty bodies’ reporting cycle STATE submits report STATE submits report COMMITTEE list of issues STATE submits answers STATE submits answers COMMITTEE’s concluding observations COMMITTEE’S SESSION State presents the report and respond to the Committee’s questions COMMITTEE’S SESSION State presents the report and respond to the Committee’s questions STATE implements recommendations STATE implements recommendations COMMITTEE’s follow-up

Methodology INITIAL REVIEW OF KEY ISSUES FOCAL POINT/COORDINATION MECHANISM SETS UP REPORTING GROUP LEGAL ANALYSIS DATA COLLECTION ANALYSIS AND PREPARATION OF THE DRAFT REPORT CONSULTATION WITHIN AND WITHOUT GOVERNMENT AND FINALIZATION

Reporting guidelines The purpose of reporting guidelines is to advise States parties on the form and content of their reports, so as to facilitate the preparation of reports and ensure that these are comprehensive and presented in a uniform manner by States parties. Compliance with the reporting guidelines will also reduce the need for the Committee to request further information… CRPD/C/2/3, para. 2 The purpose of reporting guidelines is to advise States parties on the form and content of their reports, so as to facilitate the preparation of reports and ensure that these are comprehensive and presented in a uniform manner by States parties. Compliance with the reporting guidelines will also reduce the need for the Committee to request further information… CRPD/C/2/3, para. 2

Example: political rights The reporting guidelines request information on article 29 (political rights) as follows: Legislation and measures taken to guarantee political rights, in particular to persons with psychosocial or intellectual disability Measures taken to ensure the right to vote Measures taken to ensure full accessibility of voting Indicators measuring full enjoyment of the right to vote Support provided for the establishment and maintenance of OPDs The reporting guidelines request information on article 29 (political rights) as follows: Legislation and measures taken to guarantee political rights, in particular to persons with psychosocial or intellectual disability Measures taken to ensure the right to vote Measures taken to ensure full accessibility of voting Indicators measuring full enjoyment of the right to vote Support provided for the establishment and maintenance of OPDs

Example: political rights in Peru The Government of Peru responded: Act of 2009 provides the necessary legal framework National election cards are provided free to persons with disabilities, subject to eligibility Polling booths and ballot papers are accessible 10,758 out of 38,305 registered persons with disabilities exercised their right to vote (2004‒2007) Registration of 310 NGOs working in the area of disabilities enables them to access international cooperation funding and undertake other activities The Government of Peru responded: Act of 2009 provides the necessary legal framework National election cards are provided free to persons with disabilities, subject to eligibility Polling booths and ballot papers are accessible 10,758 out of 38,305 registered persons with disabilities exercised their right to vote (2004‒2007) Registration of 310 NGOs working in the area of disabilities enables them to access international cooperation funding and undertake other activities

The list of issues: Tunisia The report provided no information on the prevention of violence against children. Initial report of Tunisia The report provided no information on the prevention of violence against children. Initial report of Tunisia Please explain the specific measures provided for in the Child Protection Code to protect children with disabilities. How are cases of violence against children with disabilities dealt with? Committee’s list of issues to Tunisia Please explain the specific measures provided for in the Child Protection Code to protect children with disabilities. How are cases of violence against children with disabilities dealt with? Committee’s list of issues to Tunisia In this regard we should like to mention that the Child Protection Code promulgated by Act No. 92 of 9 November 1995 guarantees children in general and children with disabilities in particular freedom from various forms of exploitation, violence and abuse. Under the said Code, sexual or economic exploitation and habitual mistreatment of children are considered as difficult situations that require swift intervention by both child protection officers and family judges in order to protect children. Tunisia’s response to the Committee In this regard we should like to mention that the Child Protection Code promulgated by Act No. 92 of 9 November 1995 guarantees children in general and children with disabilities in particular freedom from various forms of exploitation, violence and abuse. Under the said Code, sexual or economic exploitation and habitual mistreatment of children are considered as difficult situations that require swift intervention by both child protection officers and family judges in order to protect children. Tunisia’s response to the Committee

Concluding observations: Tunisia The Committee is particularly concerned at the low rate of reporting of cases of habitual mistreatment of children, including children with disabilities, which may amount to situations of danger, in view of the results of the Multiple Indicator Cluster Survey […]. The Committee recommends: (a)Evaluate the phenomenon of violence against boys and girls with disabilities, and compile systematic disaggregated data […]; (b)Ensure that institutions providing care for children with disabilities are staffed with specially trained personnel, subject to appropriate standards, regularly monitored and evaluated, and establish complaint procedures accessible to children with disabilities; (c)Establish independent follow-up mechanisms; (d)Take steps to replace institutional care for boys and girls with disabilities with community-based care. CRPD/C/TUN/CO/1, paras. 16–17 The Committee is particularly concerned at the low rate of reporting of cases of habitual mistreatment of children, including children with disabilities, which may amount to situations of danger, in view of the results of the Multiple Indicator Cluster Survey […]. The Committee recommends: (a)Evaluate the phenomenon of violence against boys and girls with disabilities, and compile systematic disaggregated data […]; (b)Ensure that institutions providing care for children with disabilities are staffed with specially trained personnel, subject to appropriate standards, regularly monitored and evaluated, and establish complaint procedures accessible to children with disabilities; (c)Establish independent follow-up mechanisms; (d)Take steps to replace institutional care for boys and girls with disabilities with community-based care. CRPD/C/TUN/CO/1, paras. 16–17

Implementation of recommendations Issue a press release and hold a press conference Publish the concluding observations and recommendations Circulate them to all relevant ministries and departments Meet with civil society Hold a round table Establish a time-bound implementation plan Seek United Nations assistance Other …

Functions of reporting Reviewing implementation Identifying strengths and weaknesses Seeking international expert assistance Improving data collection and analysis Improving knowledge on the Convention Strengthening coordination in Government Strengthening dialogue with civil society organizations and NHRIs Sharing experience internationally Other … ?

Sources  Convention on the Rights of Persons with Disabilities;  Reporting guidelines (CRDP/C/2/3);  Initial report of Peru  List of issues, Tunisia  Concluding observations, Tunisia  spx (accessed 10 August 2012) spx