Article 33 UN CRPD Work Forum Preparatory Meeting 14 October, Brussels. Article 33 UN CRPD Work Forum Preparatory Meeting 14 October, Brussels. Gerard Quinn Article 33 – The Engine of the Convention

1. The Purpose/s of the Engine – Key Textual Departures Points. 4. Key Challenges in building the engine. Opening the Engine…… Linked Back to General Provisions – the engine in context Linked Back to General Provisions – the engine in context.

33- A Shift away from the Traditional Focus of Int HR Treaties 33- A Shift away from the Traditional Focus of Int HR Treaties 1. The Purpose/s of the Engine.

And to Overcome the Traditional Isolation of International Law Window & Transmission Belt Key Vehicle to Carry the ‘New Paradigm’ of disability into domestic order International Legal Order Domestic Legal Order Committee on the Rts of PWD: 34 Conference of States Parties: 40 By… Imagining a New Domestic Institutional Architecture for Change National Implementation Focal Point 33.1 Co-ord Mechanism 33.1 National Monitoring ‘protect, promote, monitor’ 33.2 Active Consultation with PWD 33.3 Adding missing ‘Voices’ To the process Research Supporting Action

2. Linked Back to General Provisions – the engine in context General Obligation to Consult. Adding Voice to the Entirety of the Process. 31. Develop an evidence base to a Key Tool in the Process. Research, data. 32 (b). Obligation to contribute to capacity-building. You are not alone. 32 (c). Co-operation in research. Share ideas CRPD sets a floor – you can go beyond it. 9.2 & 16.3 also mention ‘monitoring’. Treat as lex specialis All Provisions (which must include 33) apply to all parts of Federal States

Article ‘National implementation and monitoring’ 1.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. Confers a Certain Margin of Appreciation Gvt has the Choice – but it must be exercised…must it consult? Can be a Plurality – no express Criteria given – [e.g., authority across Gvt, effectiveness, link to int law, etc] What does ‘due consideration mean’? How does its role differ/overlap with ‘focal point’? 3. Art 33 – Key Textual Departures Points. Notice – focus is the Implementation of the Convention – presumably through National Law & Policy

Confers a Certain Margin of Appreciation What are the criteria of ‘Independence’. 3 Very Different Roles Paris Principles for NHRIs??? Framework??? Might be a plurality ‘ Take into account’???

33.3. Civil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process. Confined to Monitoring only??? +++Protect? +++Promote?

4. Key Challenges in building the engine. Which Ministry…(symbolism, authority across Ministries, special case of Federal Administrations. Singularity or Plurality of ‘Focal Point/s’? Does the logic point to a National Strategy/Action Plan (to implement convention?) or link existing strategy to convention? What statistical and other ‘learning tools’ should be developed? Is it a Bridge between External/Internal….(role of Foreign Ministry?) External Face of Focal Point/s…to International Community. Clarity on Division of Labour between Focal Point/s & Coordination Mechanism. Does Coord mechanism simply ‘implement’ policy set by Focal Point or play other roles? Accountability/accessiblity of Focal Point/s to other Institutions of State. Interface with Civil Society, How, to what purpose… The Focal Point/s…coordination Mechanism What is its Essential Mission? Implement Convention…thru national law/Policy The Focal Point/s…coordination Mechanism What is its Essential Mission? Implement Convention…thru national law/Policy

Independent Monitoring Mechanism. What is meant by promote, protect and monitor? Does the Framework ‘promote, protect and monitor’ the convention via domestic law singular or pluralityOne or more – singular or plurality? If a plurality, how does the Framework maintain integrity and cohesion? What are the criteria of independence? Must all elements of the Framework be independent? Does Civil society have a say? Relationship of Framework to International Community. Parallel reports.

Civil Society Engagement 33.3 and 4.3 read together…Consultation applies across the board. Interface with Focal Point/Coord mechanisms. What: Consult to set policy, monitor effectiveness, provide part of the information loop to make Gvt a learning organisation, consult on drawing up national strategy, reporting to UN and other bodies. How, platform, questions of representivity? Avoid ‘drown out’ of voices by more powerful voices. Preserves prerogative of Gvt to consult more widely (trade unions). Interface with Monitoring Mechanism Very novel! Promote – educational drives. Awareness raising. Protect – informing strategy, but the mechanisms retain independence. Monitor – reality check for the monitoring task (but can be done by civil society separately) Capacity Issue. Supporting civil society to become active interlocutors.