UNCRPD Article 33.2 in the UK

Article 33.2 maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention

UK Independent mechanisms Northern Ireland Human Rights Commission * Equality Commission for Northern Ireland Scottish Human Rights Commission * Equality and Human Rights Commission * * ‘A’ accredited NHRI’s

‘Designation’ Letter from Minister for Disabled People Explanatory Memorandum to UK Parliament UK Government response to OHCHR study

Discharging our responsibilities Promotion – ‘UNCRPD – what does it mean for you?’ guide; UNCRPD publication in Northern Ireland; awareness raising events in England, Wales, Scotland and Northern Ireland Protection – Equality Commission for Northern Ireland uses UNCRPD as part of discrimination law case selection; EHRC using UNCRPD to frame formal inquiries and citing it in amicus interventions; pursuing withdrawal of UK reservations Monitoring – IM’s monitoring situation in each UK jurisdiction and coming together to report to the UNCRPD Expert Committee

Involvement of disabled people Involvement is not the same as consultation Involvement is at the heart of UNCRPD because it is about the transfer and sharing of power Involvement is ongoing and about collective decision making and collaboration It requires structures, not just processes It is about disabled people having the capacity to engage in the enterprise of implementing the Convention Challenge for NHRI’s to balance demand for involvement with demand to demonstrate independence

Issues, challenges and learning What about the wider framework? Article 33.2 requires a framework, not just independent mechanisms. Implementation of the Convention involves a wide range of often highly technical knowledge and expertise beyond the capacity and competency of NHRI’s. How is this being developed or engaged? The capacity of NHRI’s - Article 33.2 potentially demands a greater attention from NHRI’s than other Treaties yet unlike say Denmark and Germany no significant additional resources have been provided to the UK Commission’s (in fact EHRC, ECNI and NIHRC will lose significant amounts of budget) Protecting the Convention - NHRI’s are able to protect human rights through inquiry or investigatory powers, but many are unable to support individual human rights cases or address disability discrimination – how should States address this in relation to the framework under Article 33.2? What does ‘protect’ amount to? Domesticating the Convention – making the Convention an everyday instrument - from ‘periodic reporting’ to ongoing accountability and integration