FRAMEWORKS FOR IMPLEMENTING AND

MONITORING THE UNITED NATIONS

CONVENTION ON THE RIGHTS OF PERSONS WITH
DISABILITIES
TABLE OF CONTENTS

1. OVERVIEW................................................................................................... 5

2. TECHNICAL CONTENT ............................................................................ 8

2.A Background .............................................................................................. 8

2.B Defining Implementation and Monitoring ............................................... 8

2.C Overview of the Legal Framework .......................................................... 8

Country Checkpoint ............................................................................... 14
Country Checkpoint ............................................................................... 15
Country Checkpoint ............................................................................... 16
Country Checkpoint ............................................................................... 16

2.D Monitoring Procedures under the Optional Protocol to the CRPD ....... 18
Country Checkpoint ............................................................................... 18
Country Checkpoint ............................................................................... 19

3. SUMMARY & KEY LEARNING POINTS ............................................. 20

4. USEFUL RESOURCES .............................................................................. 22

5. LEARNING ACTIVITIES ......................................................................... 23

Session Sheet for the Trainer – Implementation – Potential Problems,

Session 1 ........................................................................................................ 24

Learning Activity 2.C.1: Problems with Successful Implementation of the

CRPD ............................................................................................................ 25

Handout: Problems with Successful Implementation of the CRPD .............. 26

Session Sheet for the Trainer – Disability-Inclusive Development, Session 2….27

Learning Activity 2.C.2: Roles and Responsibilities in Monitoring ............. 28

Handout: Article 33 – National Implementation and Monitoring ................. 30

Structures set up for the implementation & monitoring of the CRPD in select

European Member States .................................................................................... 31

Acknowledgements

The Division for Inclusive Social Development (DISD) would like to thank all
those who contributed to the Toolkit on Disability for Africa, including the
United Nations Office for the High Commissioner for Human Rights (OHCHR),
the Economic Commission for Africa (ECA), the International Labour Office
(ILO), the International Training Centre - ILO (ITCILO), the World Health
Organization (WHO), the African Union and the governments of Kenya, South
Africa and Zambia. DSPD also wishes to thank the Government of Italy for its
financial support and the numerous African Disabled Peoples Organizations
(DPOs) who contributed substantial input to the Toolkit.
 List of acronyms

AT Assistive Technology
CEDAW Committee on the Elimination of Discrimination against Women
CEDAW Convention on the Elimination of All Forms of Discrimination
against Women
CESCR Committee on Economic, Social and Cultural Rights
CRPD Convention on the Rights of Persons with Disabilities
CRPD Committee on the Rights of Persons with Disabilities
CRC Committee on the Rights of the Child
CRC Convention on the Rights of the Child
CRC Convention on the Rights of the Child
DFIs Development Financing Institutions
DPOs Disabled Persons Organizations
DISD Division for Inclusive Social Development/UNDESA
EC European Commission
EU European Union
G3ICT Global Initiative for Inclusive ICTs
HIV/AIDS Human Immunodeficiency virus / Acquired Immunodeficiency Syndrome
ICCPR International Covenant on Civil and Political Rights
ICESCR International Covenant on Economic and Cultural Rights
ICF International Classification of Function, The World Health Organization
ICT Information and Communication Technology
ILO International Labour Organization

ITCILO International Training Centre of the ILO

IPU Inter-Parliamentary Union
ITC Information and Communication Technology
ITU International Telecommunication Union
MDGs Millennium Development Goals
MFIs Microfinance institutions

MSPs Multi-stakeholder Partnerships

NAPs National Action Plans
NGO Non-Governmental Organization
NVDA NonVisual Desktop Access
OHCHR Office of the High Commissioner for Human Rights
OSISA Open Society Initiative for Southern Africa
PCM Project Cycle Management
PRP Protracted Relief Programme
SABE Self-Advocates Becoming Empowered

SDGs Sustainable Development Goals

UDHR Universal Declaration of Human Rights

UN United Nations
UN DESA United Nations Department of Economic and Social Affairs
UNAIDS Joint United Nations Programme on HIV/AIDS
UNDP United Nations Development Fund
UNESCO United Nations Educational, Scientific and Cultural Organization
UNICEF United Nations Children's Fund
USAID United States Agency for International Development
VOCA Voice Output Communication Aids
WHO World Health Organization
1. OVERVIEW

This module introduces the general obligations on States to implement, monitor

and report on implementation of the Convention on the Rights of Persons with
Disabilities (CRPD) in line with the procedures prescribed in the CRPD and its
Optional Protocol.
The overview provides information on the module objective, the target
audience, the module content, learning outcomes and the module map.

Module objectives
► To set out the approaches and frameworks specified by the Convention on
the Rights of persons with Disabilities for implementation and monitoring.

Who is this module for?

This module is relevant to everyone who has an interest in disability or a
responsibility for addressing issues of disability because of the nature of their
work, including persons with or without disabilities in civil society, civil and
public service, national human rights institutions, parliamentarians,
development agencies, universities and the private sector. Moreover, it is for
Governments involved in the implementation and monitoring of the CRPD and
its Optional Protocol.

What is this module about?

This module:
► Examines the provisions and frameworks established by the United Nations
Convention on the Rights of Persons with Disabilities (CRPD) for
implementation and monitoring the CRPD at both national and
international levels;
► Considers the obligations of State Parties and the role that other actors
play in implementing and monitoring the CRPD;
► Reviews the implementation and monitoring procedures set forth in the
Optional Protocol to the CRPD;
► Includes learning exercises to accompany the material; and
► Lists useful resources for additional reference.
Learning objectives

On completion of this module, participants will have:

1. identified features crucial to the successful implementation
of the CRPD;
2. discussed the legal framework for implementation
and monitoring in their country;
3. reflected on the ways in which independent monitoring of
the CRPD takes place;
4. considered monitoring procedures under the Optional
Protocol.

Module Map

2. TECHNICAL
1. OVERVIEW CONTENT 2.A. Background

2.D. Monitoring
Procedures under 2.C. Overview of the 2.B. Definiing
the Optional Legal Framework Implementation and
Protocol Monitoring

3. SUMMARY & 4. USEFUL 5. LEARNING

KEY LEARNING RESOURCES ACTIVITIES
POINTS
 2.TECHNICAL CONTENT

2.A Background

The adoption of the CRPD and its rapid ratification by countries throughout the world represent
major advances in the global recognition of the human rights of persons with disabilities. However,
the existence of the Convention, in and of itself, will not bring about changes in the lives of persons
with disabilities and their families. To genuinely achieve the rights set out in the CRPD, the
Convention must be implemented, and its implementation must be monitored. As with all human
rights instruments, the Convention confers a central role to State parties in its implementation.
However, organizations of persons with disabilities and other stakeholders also have key roles to
play.

The present module provides an overview of the measures and frameworks that the CRPD calls
for to ensure national level implementation of the CRPD, as well as both national and
international level monitoring of progress and challenges in this regard.

2.B Defining Implementation and Monitoring

The term “implementation” refers to the actual carrying out of treaty obligations. When a State
ratifies and becomes a State Party to a human rights treaty such as the CRPD, it is not sufficient
for it to simply regard the treaty as an important document. Rather, it must take action to give
effect to the treaty provisions

The term “monitoring” in the context of human rights law refers to the process of tracking or
checking to determine whether States are, in fact, meeting the specific requirements of a treaty.
The CRPD requires State parties to monitor treaty implementation at both national and
international levels. Effective monitoring requires that functioning implementation machinery also
be in place.

2.C Overview of the Legal Framework

General Obligations under the CRPD

While this module does not focus in depth on the steps that Member States and other stakeholders
are to take to give effect to the substantive provisions of the Convention, it is important to note
that Article 4 of the CRPD sets out the “General Obligations” of its States Parties. These comprise
a series of specific measures, including law and policy reform, research, and training to be taken
towards its implementation.
 Actions to be Taken by States Parties
- Adopt legislation and administrative measures to promote the human rights of persons
with disabilities.
- Adopt legislative and other measures to abolish discrimination.
- Protect and promote the rights of persons with disabilities in all policies and
programmes.
- Stop any practice that breaches the rights of persons with disabilities.
- Ensure that the public sector respects the rights of persons with disabilities.
- Ensure that the private sector and individuals respect the rights of persons with
disabilities.
- Undertake research and development of accessible goods, services and technology for
persons with disabilities and encourage others to undertake such research.
- Provide accessible information on assistive technology to persons with disabilities.
- Promote training on the rights of the Convention to professionals and staff who work
with persons with disabilities.
- Consult with and involve persons with disabilities in developing and implementing
legislation and policies and in decision-making processes that concern them.
Source: UNDESA, OHCHR, IPU, Handbook for Parliamentarians: From Exclusion to Equality:
realizing the rights of persons with disabilities (2007).

Specific measures required of States Parties are further elaborated on in other provisions of the
CRPD, which specify actions required in connection with the different rights that the
Convention affirms.
A common concern regarding the ratification of international human rights treaties is that,
once ratified, Governments will have to implement immediately all the rights
enshrined in the treaty. Article 4 addresses this concern, reaffirming that State parties are to
ensure progressive realization of economic, social, and cultural rights.

Progressive Realization of Economic, Social and Cultural Rights under CRPD

Article 4 of CRPD reaffirms the obligation of States to implement progressively economic, social and
cultural rights. The recognition that the full realization of economic, social and cultural rights may be
constrained by limited resources is balanced by the requirement that measures should be undertaken
to the limit of a State’s available resources and, where needed, within the framework of international
cooperation.
Progressive realization gives State parties, particularly developing countries, some flexibility in terms
of achieving certain of the Convention’s objectives. However, State parties do
have an immediate obligation to ensure a minimum essential level of enjoyment of each economic,
social and cultural right and to take steps towards the progressive realization of these rights. To
proceed, a State can for example develop a plan of action which should include the following: a time
frame for implementing economic, social and cultural rights; time-bound benchmarks of
achievement; and indicators of success.
Article 4 further specifies that, in undertaking progressive realization of rights, there is to be no
prejudice to those obligations contained in the Convention that are immediately applicable according
to international law. For example, discrimination on any grounds, including disability, is always
forbidden, regardless of the level of realization of economic, social and cultural rights. Moreover,
unlike economic, social and cultural rights, civil and political rights are not subject to progressive
realization. In other words, State parties must realize these immediately.
 TOOLKIT ON DISABILITY FOR
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See Learning Activity 2.C.1. titled

Challenges to the Successful Implementation of the CRPD.

Implementation and Monitoring Frameworks

Articles 33 to 40 of the CRPD set forth the provisions of frameworks for
monitoring and implementation of the Convention. The broad headings of
these Articles are set out below.

CRPD Articles 33-40

Article 34 - Committee on the Rights of Persons with Disabilities

Article 35 - Reports by States Parties

Article 36 - Consideration of reports
Article 37 - Cooperation between States Parties and the Committee Article
38 - Relationship of the Committee with other bodies

Article 39 - Report of the Committee

Article 40 - Conference of States Parties

Article 33 of the CRPD sets out a framework for national level implementation and
monitoring, requiring State parties to establish specific mechanisms at national level
with a view to strengthening implementation and monitoring of the rights of persons
with disabilities. The national level monitoring framework in the CRPD envisages
action by States, independent national monitoring institutions, and civil society
organizations.
Article 33(1) of the CRPD requires States Parties to:
► Designate one or more focal points within government relating to implementation
– in other words, a designated office or other entity that has primary responsibility
for overseeing implementation of the CRPD. The Convention does not specify the
form or function of the focal point which could, for example, be a person or an
office within a ministry or within several ministries; a ministry; an institution, such
as a disability commission; or a combination of the foregoing. Whatever its form,
the focal point must be equipped with adequate human and financial resources and
be located at the highest possible level of government.
► Consider the establishment or designation of a coordination mechanism within
government to facilitate related action and processes in different sectors and at
different levels. As with the focal point, the Convention does not specify the form or
function of the coordination mechanism. However, such a mechanism could, for
example, consist of an inter-sectoral body with members from various ministries as
well as from organizations of persons with disabilities and other relevant
stakeholders. A coordination mechanism can help genuinely mainstream disability
across government ministries and sectors and among local, regional and national
government. Coordination and mainstreaming are very effective tools for the
successful implementation of the CRPD, as they ensure that a single Ministry is not
tasked with addressing all aspects of issues that affect persons with disabilities,
many of which may be outside its general competences.
 TOOLKIT ON DISABILITY FOR
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Focal Points
The work of focal points can include, among others:
- Advising the Head of State/Government, policymakers and programme planners on the development of
policies, legislation, programmes and projects with respect to their impact on people with disabilities;
- Coordinating the activities of various ministries and departments on human rights and disability;
- Coordinating activities on human rights and disability at federal, national, regional, state, provincial and
local levels of government;
- Revising strategies and policies to ensure that the rights of persons with disabilities are respected;
- Drafting, revising or amending relevant legislation;
- Raising awareness about the Convention and Optional Protocol within the Government;
- Ensuring that the Convention and Optional Protocol are translated into local languages and issued in
accessible formats;
- Establishing an action plan for implementation of the Convention;1
- Monitoring the implementation of the action plan on human rights and disabilities;
- Raising awareness on disability-related issues and the rights of persons with disabilities among the
public;
- Building capacity within the Government on disability-related issues;
- Ensuring that persons with disabilities participate in the development of policies and laws that affect
them;
- Encouraging persons with disabilities to participate in organizations and civil society and encourage the
creation of organizations of persons with disabilities.

Source: UNDESA, OHCHR, IPU, Handbook for Parliamentarians: From Exclusion to Equality: Realizing the
Rights of Persons with Disabilities (2007).

Example: In South Africa all national government departments, provincial administrations and district and local
municipalities are required to appoint or designate a disability
focal person or unit to co-ordinate mainstreaming of disability within each of these institutions. These focal points
converge in the National Disability Rights Machinery, which is constituted by, among others, the Inter-departmental
Coordinating Committee, the Provincial Coordinating Forum and the National Disability Rights Forum which brings
civil society on board.

In Estonia, the Ministry of Social Affairs is the designated focal point of the CRPD. It is responsible for
implementing the CRPD within its area and facilitating related activities in different areas of government and local
governments. Each ministry is responsible for implementing the Convention within its areas of government.
Cooperation between the ministries is through a Cooperation Assembly, Estonian Chamber of disabled People and
four disabled persons organizations. The Committee of the Rights of Persons with Disabilities under the Estonian
Chamber of Disabled People promote, protect and monitor the implementation of the CRPD. (See Structures Set up
for the Implementation and Monitoring of CRPD for a full list of EU Member States).

In the UK, the focal point is the Cabinet Office, Disability Unit. Monitoring of implementation is done by Equality
and Human Rights Commission (England and Wales); Scottish Human Rights Commission; Northern
Ireland Human Rights Commission and Equality Commission for Northern Ireland.

1
See Module on National Plans and Programs with Disabilities in Africa
 TOOLKIT ON DISABILITY FOR
In Thailand, the Ministry of Social Development and Human AFRICASecurity (through the Department of Empowerment of
Persons with Disabilities) is the national focal point on disability issues. The Ministry works in collaboration with other
related agencies to ensure dignity and equality for persons with disabilities. The Prime Minister chairs the National
Committee on Empowerment of Persons with Disabilities, the main responsibilities to coordinate policies and plans on
the empowerment of persons with disabilities nationally and internationally, mobilization of the CRPD and other related
obligations. The National Human Right Commission of Thailand serves as an independent monitoring body. Other
Ministries are in charge of specific areas, e.g., the Department of Disaster Prevention, the Ministry of Interior is in
charge of Humanitarian emergencies (CRPD Article 11), the Ministry of Justice for Article 13 (Access to justice), the
Ministry of Education for Education (Article 24), the Ministry of Public Health is in charge of Health (Article 25), and
the Ministry of Labor for Article 27 (Work and employment). (roc-taiwan.org).

Article 33(2) requires States Parties to designate or establish an independent framework, such as a national
human rights institution, to promote, protect, and monitor the CRPD. The independent body may be a national
human rights commission or a national disability council. When designating or establishing such a mechanism,
States Parties are to take into account the principles relating to the status and functioning of national
institutions for protection and promotion of human rights, known as the “Paris Principles”.
The Paris Principles are a set of core minimum recommendations adopted by the United Nations General
Assembly relating to the status and functioning of national institutions for the protection and promotion of human
rights. According to the Paris Principles, such mechanisms must:
► Be independent of the Government, with such independence guaranteed either by statutory law or
constitutional provisions;
► Be pluralistic in their roles and membership;
► Have as broad a mandate as possible, capable, in the context of the Convention, of collectively promoting,
protecting and monitoring the implementation of all aspects of the Convention through various means, including
the ability to make recommendations and proposals concerning existing and proposed laws and policies;
► Have adequate powers of investigation, with the capacity to hear complaints and transmit them to the
competent authorities;
► Be characterized by regular and effective functioning;
► Be adequately funded and not subject to financial control, which might affect their independence; and
► Be accessible to the general public and, in the context of the Convention, particularly to persons with
disabilities, including women with disabilities and children with disabilities, and their representative
organizations.

Source: UNDESA, OHCHR, IPU, Handbook for Parliamentarians: From

Exclusion to Equality: realizing the rights of persons with disabilities (2007).
 TOOLKIT ON DISABILITY FOR
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Focal Points
Potential functions of an independent framework include, among others:
- Monitoring the implementation of obligations of the State party and preparing a regular
report;
- Making recommendations to Government on matters related to the rights and inclusion
of persons with disabilities, including on legislation and policy matters;
- Promoting harmonization of national laws and policies with the CRPD;
- Reviewing individual complaints;
- Preparing alternative reports to the CRPD Committee, Universal Periodic Review and
other relevant international monitoring processes;
- Engaging in public awareness-raising activities regarding disability rights and efforts
to combat discrimination; and
- Assisting in the formulation of human rights education programmes.

Article 33(3) further requires that civil society, in particular persons with disabilities and their representative
organizations, be involved and participate fully in all aspects of monitoring. DPOs thus have an important role to
play in monitoring CRPD implementation at national level, both by taking part in governmental monitoring efforts
and also by conducting parallel or independent monitoring efforts.

Other national mechanisms are also relevant for effective implementation and monitoring. For example, national
courts and tribunals, as well as Ombudsmen, can play a critical role in the domestic application of the provisions of
the CRPD.2 In many countries parliamentarians can also advance implementation. In terms of monitoring,
processes that oversee the implementation of other relevant measures, such as national human rights or
development action plans, offer additional ways of monitoring implementation of CRPD provisions.3

2
See the Module on Access to Justice for Persons with Disabilities for more information on the
role of national courts and tribunals (Toolkit on Disability for Africa).

3
Efforts to monitor implementation of other relevant international human rights treaties, such as
the Convention on the Rights of the Child or the Convention on the Elimination of all forms of
Discrimination against Women also offer opportunities to monitor implementation of CRPD
provisions.
 TOOLKIT ON DISABILITY FOR
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Country Checkpoint

Has your government established an implementation plan for the CRPD? If so, is it being
enacted?

Are persons with disabilities and DPOs being utilized as resources both for implementation and
monitoring?
How is civil society, including DPOs, engaged in monitoring of disability rights and inclusion
of disability in development?
Are there barriers to participation by, and engagement of, persons with disabilities and DPOs?
If so, what are they?

Does civil society represent the diversity of the disability community? If not, what groups are
excluded? How might they be involved?

The CRPD sets out a framework for national level

implementation and monitoring. This includes (1)
role of a government focal point in advancing Government
implementation;
Agencies
(2) role of an independent national institution in
monitoring implementation; and (3) role for civil
society.
Independent
Civil Society
National Body or
(e.g. DPOs)
Ombudsman

See Learning Activity 2.C.2 titled Roles and Responsibilities in Monitoring

International Monitoring Requirements under the CRPD

In addition to national level monitoring, Article 34 of the CRPD requires monitoring at the international
level through the creation of the Committee on the Rights of Persons with Disabilities (hereinafter CRPD
Committee). The CRPD Committee, which is comprised of 18 independent experts, meets twice a year in
 TOOLKIT ON DISABILITY FOR
Geneva and performs the following functions: AFRICA

► Examination of periodic reports submitted by State parties;

► Drawing up of lists of questions in response to reports submitted by State parties;
► Drafting concluding observations on reports submitted by State parties;
► Formulation of general comments regarding the interpretation and meaning of CRPD provision
► Reviewing of individual communications as set forth in the Optional Protocol to the CRPD; and
► Undertaking of inquiries as set forth in the Optional Protocol to the CRPD.

Although general comments and concluding observations issued by the CRPD Committee are not legally binding,
they carry weight and can often lead to changes in law and policy. General comments and concluding
observations also provide useful guidance for the interpretation of CRPD provisions. Moreover, they offer an
important basis on which NGOs located in a particular country can advocate for human rights implementation.

Country Checkpoint
1. In your country, what government agency is responsible for developing the CRPD state report?

2. Do you work with this government agency, or an NGO or other entity to provide inputs on or critiques
of the country’s CRPD state report?

Periodic Reporting by States Parties

The practice of periodic reporting to the CRPD Committee provides a means of
systematically monitoring how State parties are meeting their obligations under
the Convention. Reporting under the CRPD is an important tool with which
governments, national human rights institutions and civil society can take stock of
the degree of progress in enjoyment of human rights of persons with disabilities in
a particular Member State.
Article 35 of the CRPD requires States Parties to submit to the CRPD
Committee, within two years of ratification, an initial comprehensive report on
measures taken to implement the treaty and progress to date. The CRPD
Committee, like other treaty bodies, has established reporting guidelines to assist
States Parties in the preparation of their reports.4

The initial report should do the following:

► Establish the constitutional, legal, and administrative framework for the
implementation of the CRPD, including identification of laws that
advance the CRPD, as well as those that have been, or still need to be,
modified to advance implementation;
► Explain the policies and programmes adopted to implement each of the
CRPD’s provisions; and
► Identify any progress made in the enjoyment of the rights of persons with
disabilities as a result of the ratification and implementation of the CRPD.

Each State Party must submit subsequent reports at least every four years or
whenever the Committee so requests. Subsequent reports should do the
following:
► Respond to the concerns and other issues highlighted by the CRPD

4
CRPD/C/2/3, Available at: http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRPD/ C/2/3&Lang=e.
 TOOLKIT ON DISABILITY FOR
AFRICAreports;
Committee in its concluding observations on previous
► Indicate progress made in the enjoyment of the rights of persons with
disabilities during the reporting period; and
► Highlight any obstacles that the government and other actors might have
faced in implementing the CRPD over the reporting period.

Country Checkpoint
If your country has ratified the CRPD, has it submitted its initial and subsequent reports to the CRPD
Committee? If so, has the CRPD Committee considered your country report, and what are the general
comments and concluding observations of the Committee?

The Role of Non-Governmental Organizations

Non-governmental organizations (NGOs) such as DPOs play an essential role in providing both reliable and
independent information to the CRPD Committee. A principal method for providing information to the CRPD
Committee is through the submission of parallel reports (also referred to as “shadow reports” or “alternative
reports”), which supplement or "shadow" an official governmental report. The additional information is often
very useful for helping treaty bodies develop a full understanding of the situation for persons with disabilities in a
particular country as they review the official government report.

While there is no single format for shadow reports to a treaty body, in general they should:
► Be organized in accordance with the articles of the particular treaty, as a commentary on the State Party’s
report; and
► Identify implementation gaps, highlight areas of concern and make concrete recommendations to advance
implementation

Country Checkpoint
1. Have DPOs or other NGOs in your country engaged in shadow reporting or other forms of monitoring of the
rights of persons with disabilities or their inclusion in development processes such as poverty reduction
planning and other aspects of development?
2. With reference to the “Good practices for shadow reporting” in the text box below, discuss how DPOs
could participate in monitoring and how such engagement can support governments in CRPD
implementation.
 TOOLKIT ON DISABILITY FOR
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Good Practices for Shadow Reporting
- DPOs may make use of the CRPD Committee’s reporting guidelines for States Parties, which can serve
as a useful checklist in the preparation of alternative reports. Covering all articles of the CRPD may be
helpful for the Committee, but it is not required.
- It is often helpful for NGOs to work in coalitions to create shadow reports, for example a DPO
might collaborate with a women’s human rights NGO in drafting a shadow report on the
reproductive rights of women with disabilities, with each organization contributing in their area of
expertise. Working in coalitions is also an effective way of ensuring that the particular treaty-
monitoring body gains a comprehensive view of a situation in a particular country.
- Alternative reports can include recommendations and proposed questions for the list of issues to be
drawn up by the Committee.
- Advocates should follow basic ethical guidelines and human rights principles in their preparation
of shadow reports: (1) taking care to present accurate
information; (2) partnering with local organizations and consulting experts with disabilities; (3)
avoiding conflicts of interest (for example, participating in a shadow report without disclosing close
links to government), among others.

Source: One Billion Strong, Disability Human Rights Reporting (2012)

Additional Opportunities for International Monitoring on the

Rights of Persons with Disabilities

In addition to the reporting process under the CRPD, States Parties and civil society
organizations can expand the reach of the CRPD by including information on the
implementation of the rights of persons with disabilities in reporting processes for
other international human rights treaties or development frameworks. For example,
information regarding the status of the rights of persons with disabilities can be
included in reports prepared for:

► The Universal Periodic Review of the United Nations Human Rights Council;
► Additional United Nations human rights treaty bodies, such as the Committee on
the Elimination of all forms of Discrimination against Women; the Committee on
the Rights of the Child, and the Committee against Torture;
► Voluntary reports regarding efforts to achieve internationally-agreed development
goals, as envisaged, for example, by the zero draft of the Sustainable Development
Goals;
► All efforts to implement the outcome document of the United Nations’ General
Assembly High-level Meeting on Disability and Development.
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2.D Monitoring Procedures under the Optional Protocol to the CRPD

Terminology
An optional protocol is a legal instrument related to an existing treaty. It introduces
procedures or addresses issues that the original treaty does not cover. It is called
“optional” because States are not required to become parties to the protocol, even if
they are party to the parent treaty. Thus, a government may have ratified and become
a party to the CRPD but may not have ratified and become a party to the Optional
Protocol to the CRPD.

Country Checkpoint
Has your country ratified the Optional Protocol to the CRPD?

What is the Optional Protocol about?

The Optional Protocol to the CRPD introduces two procedures to strengthen
implementation of the CRPD:
1) an individual communications procedure; and
2) an inquiry procedure.

Individual Communications Procedure under the CRPD Optional

Protocol
The individual communications procedure allows individuals and groups of
individuals whose government has ratified the Optional Protocol to submit a
complaint to the CRPD Committee alleging that the State has breached one of its
obligations under the CRPD.
The complaint is known as an “individual communication” and the person or group
who submits the complaint is referred to as the “author.”
An individual communication can only be filed after all domestic remedies have been
exhausted (meaning that the authors have attempted to address the alleged violation
using all the avenues available under national law) and the authors still believe that
the State Party is violating the CRPD.
What the process entails (see box below):
► When the Committee receives an individual communication, it gives the State
Party the opportunity to respond to the allegations. Depending on the State Party’s
response, the Committee may request additional information from the authors of the
communication.
► After collecting all relevant information, the Committee examines the complaint
and then formulates its views and recommendations, if any, on the communication
and sends them to the State Party in question. The views and recommendations appear
in the Committee’s public report to the General Assembly.
► According to Article 5 of the Optional Protocol and rule 75 of the Committee’s
rules of procedure, the State party is required to submit within six months a written
response that describes any action taken in the light of the views and
recommendations of the CRPD Committee.
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Individual communications procedures are a paper process onlyAFRICA
- in other words,
neither the complainant nor the State Party appears before the CRPD Committee in
person. Not all communications are admissible. A communication will be considered
inadmissible where:
► It is anonymous;
► It is an abuse or incompatible with the provisions of the CRPD;
► The same complaint has already been examined by the Committee;
► The same complaint has been or is being examined under another international
investigations procedure;
► All available domestic remedies have not yet been exhausted – in other words the
complainant has attempted to obtain a remedy through the legal system of the State
prior to lodging a complaint at international level with the CRPD Committee
(although if no remedies exist at the domestic level, this requirement may be waived);
► It is ill-founded or not sufficiently substantiated; or
► The issue in question preceded the State party’s ratification of the Optional
Protocol.

The Individual Communication Procedure Step-by-Step

The individual communications procedure is composed of the following steps:
a. The CRPD Committee receives the complaint.
b. The CRPD Committee considers the admissibility of the complaint. Sometimes the admissibility of the
complaint is considered at the same time as its merits, in other words a decision is made that the complaint
is admissible (admissibility) and a decision is made at the same time whether the State party is or is not in
breach of its obligations (merits).
c. The CRPD Committee submits the complaint confidentially to the State.
d. Within six months the State party submits written explanations or statements clarifying the issue and
indicating what remedial or other steps, if any, have been taken.
e. The complainant is given an opportunity to comment on the State’s observations.
f. The CRPD Committee may ask the State to take interim measures to protect the rights of the
complainant.
g. The CRPD Committee examines the complaint in closed session.
h. The CRPD Committee submits suggestions and recommendations, if any, to the State and the
complainant, and often requests States to provide information on the action it has taken as a result.
i. The CRPD Committee publishes its suggestions and recommendations in its report.
j. The State reports to the CRPD Committee within six months on actions taken in response to their views and
recommendations.

Country Checkpoint
Are you aware of disability rights issues that might warrant the initiation of individual communications
procedures in your country (perhaps because the legal framework does not provide a remedy or
because the remedy provided violates the CRPD)?
 TOOLKIT ON DISABILITY FOR
Inquiry Procedure under the CRPD Optional AFRICA
Protocol
The CRPD’s Optional Protocol has a procedure of inquiry that allows the CRPD
Committee to initiate investigations regarding “egregious or systematic human
rights violations.” In such cases, the CRPD Committee is to call on that State
party to collaborate in an investigation and submit its observations for review. The
inquiry is confidential and has to be conducted with the full cooperation of the
State concerned.
It is possible for a State to ratify the Optional Protocol but to “opt-out” of the
inquiry procedure. In other words, at the time of signing, ratification, or accession
of the Protocol, the State may declare that it does not recognize the competence
of the CRPD Committee to undertake inquiries, although it does accept the
individual communications procedure. While a State may “opt-out” of the inquiry
procedure, all State parties to the Optional Protocol must accept the individual
communications procedure.
 TOOLKIT ON DISABILITY FOR
AFRICA

3. SUMMARY & KEY LEARNING POINTS

In this module we examined the provisions and frameworks established by the United Nations
Convention on the Rights of Persons with Disabilities (CRPD) for implementation and
monitoring the CRPD at both national and international levels. We looked at the obligations of
State parties and the role that other actors play in implementing and monitoring the CRPD. In
this module you were also introduced to the implementation and monitoring procedures set forth
in the Optional Protocol to the CRPD.
 TOOLKIT ON DISABILITY FOR
AFRICA

4. USEFUL RESOURCES

- United Nations, Report of the Secretary-General on the Status of the Convention on

the Rights of Persons with Disabilities and the Optional Protocol thereto. (A/69/284,
A/67/281, (A/66/121, A/64/128).

- United Nations Department of Economic and Social Affairs, Office of the United
Nations High Commissioner for Human Rights and Inter-Parliamentary Union. From
exclusion to equality: Realizing the rights of persons with disabilities. Handbook for
parliamentarians. Geneva, United Nations, 2007. (Professional training series No.
14) http://www.ohchr.org.

- United Nations official documents (available at: www.ods.un.org) United Nations.

General Assembly. Thematic Study by the Office of the United Nations High
Commissioner for Human Rights on enhancing awareness and understanding of the
Convention on the Rights of Persons with Disabilities. (A/HRC/10/48).

- Office of the United Nations High Commissioner for Human Rights, Thematic study
on the structure and role of national mechanisms for the implementation and
monitoring of the Convention on the Rights of Persons with Disabilities
(A/HRC/13/29), 2009. http:// www.ohchr.org.

- United Nations Report of the United Nations High Commissioner for Human Rights
on progress in the implementation of the recommendations contained in the study on
the human rights of persons with disabilities. (A/HRC/4/75).

- Office of the United Nations High Commissioner for Human Rights, Monitoring the
Convention on the Rights of Persons with Disabilities- Guidance for Human Rights
Monitors, (HR/P/PT/217), (Professional training series No. 17), 2010.
http://www.ohchr.org.

- Michael Ashley Stein & Janet E. Lord, “Monitoring the Committee on the Rights of
Persons with Disabilities: Innovations, Lost Opportunities, and Future Potential,” 32
Human Rights Quarterly 691 (August 2010).
 5. LEARTNING ACTIVITIES
TOOLKIT ON DISABILITY FOR
AFRICA

Session Sheet for the Trainer:

Implementation – Potential Problems, Session 1

Technical Content 2.C.: Overview of the Legal Framework

Learning Activity 2.C.1: Problems with Successful Implementation of the CRPD

Handout: Problems with Successful Implementation of the CRPD

Session Sheet for the Trainer:

Roles and Responsibilities for Monitoring, Session 2

Technical Content 2.C.: Overview of the Legal Framework

Learning Activity 2.C.2: Roles and Responsibilities in Monitoring

Handout: Article 33 of the CRPD

Session Sheet for the Trainer – Implementation –
Potential Problems, Session 1

Key See the summary and key learning points.

Messages
Objectives By the end of this session, participants
will have identified features crucial to the
successful implementation of the CRPD.
Room Cabaret style for small group work (4
Arrangement participants in each group), each with a
white board or flipchart.
Activity 20 mins – Group work, part 1
10 mins – Group work, part 2
30 mins – Group work, part 3
30 mins – Plenary discussion

Duration 90 Minutes

Notes for a Small group discussions to create lists

Training then swap lists, more group discussion
Team before plenary feedback.
When you swap the flipchart papers be
aware that the groups will come together
for part 3.
Task Sheets Learning Activity 2.C.1: Problems with
Successful Implementation of the CRPD.
Handouts Handout: Problems with Successful
Implementation of the CRPD
 Learning activity 2.C.1:
Challenges to the successful Implementation of the CRPD

Objective: To identify features crucial to the successful implementation of the CRPD.

Part 1
In your group look at the following 4R headings and identify, under each of the headings, what
features are crucial for successful implementation of the CRPD.
► Resources
► Responsibility
► Reporting relationships
► Results

Use examples from your country experiences and share examples of the potential and real
problems arising from a lack of one of the features. You might draw on general experience
of public policy information (not just relating to the implementation of the CRPD) to create
a list which you will write neatly on a white board or flipchart.

Part 2
Your summary list will be given to another group and you will receive one from them. The
next activity is to go through the list and discuss what you believe to be the most crucial
features and explore what already exists in your country.

Part 3 - Remedies
Join with the group whose flipchart you have and, together, select one or two of the ideas that
emerged from their flipchart and yours, and discuss any promising practices of which you are
already aware and which could remedy the problems countries might face in implementing the
CPRD fully. Be ready to share your ideas in plenary.

You have 20 minutes to complete Part One, a further 10 minutes to complete Part Two, and 30
minutes to complete Part Three. Be ready to report your ideas back
Handout: Problems with Successful Implementation of the CRPD

There are common problems that relate to the implementation of public

policy. Often, these are captured by the “Four R’s”:
► Resources
► Responsibility
► Reporting relationship
► Results

In more detail, experience tells us that some of the key problems are:
► Insufficient definition of key implementation tasks and activities
► Lack of knowledge and capacity on the part of those involved with
implementation
► Inadequate training and instruction given to employees
► Insufficient human resources dedicated to implementation of the
Convention.
► Insufficient financial resources dedicated to implementation of the
Convention,
► Insufficient coordination of implementation activities between key
government ministries and other stakeholders
► Competing activities and crises which divert attention from
implementation of the CRPD.
► Uncontrollable external factors which had an adverse impact on
implementation
► Inadequate leadership and direction provided by departmental
managers
► Inadequate information systems used to measure implementation
activities
► Frameworks or practices for government consultation with
organizations of persons with disabilities not yet in place.
Session Sheet for the Trainer – Disability-Inclusive
Development, Session 2

Key See the summary and key learning points.

Messages

Objectives By the end of this session, participants will have

reflected on the ways in which independent
monitoring for the CRPD takes place.

Room Plenary discussion, followed by set-up for role

Arrangement play activity if possible large “board room” style
set-up.

Activity 20 mins – plenary discussion

15 mins – Role play preparation
20 mins – Role play
20 mins – Reflections in groups
15 mins – Plenary wrap-up and conclusion

Duration 90 Minutes

Notes for a Plenary discussion, followed by set-up for role play

activity; if possible, large “board room” style set-up.
Training Depending on the current situation in the countries
Team represented you can choose the present country scenario
from Box: Fact Sets on National Level Independent
Monitoring.
Give blank name cards to all for the role play.

Task Sheets Learning Activity 2.C.2: Roles and

Responsibilities in Monitoring

Handouts Article 33 – National Implementation and

Monitoring
 Learning Activity 2.C.2:
Roles and Responsibilities in Implementation and Momnitoring

Objective: Reflected on the ways in which independent monitoring for

the CRPD takes place.

The CRPD sets out a framework for national level implementation and
monitoring. This includes (1) role for government focal point in
advancing implementation; (2) role for an independent national
institution in monitoring implementation; and (3) role for civil society.
For this activity the group will divide into three, the first will represent
government, the second an independent national institution, and the
third a civil society organization. The trainer will give you some basic
background about the current situation regarding implementation and
monitoring.

Part 1 – Preparation for the Role Play

In your group discuss what you believe to be the roles and
responsibilities of the group you are representing in terms of
implementation or monitoring, given the context provided by the trainer.
Draw up a list of best practices and another of worst practices that your
group could adopt in this situation or context. Select two people that will
represent your group during the role play and decide from your lists of
“best” and “worst” practices what you will be advocating and arguing
for…if you choose some “worst” practices it will be interesting to see
how the other two groups react and if they pick up on what you think is
poor. You will be meeting with representatives from the other two
counterparts to agree a way forward for implementation and monitoring
of the CRPD and of course you would like to do as much as possible
yourselves.

Part 2 – The Role Play

The two nominated people will represent your group, other team
members may be allocated roles as you wish. Each person should have a
“name card” placed on the table, so everyone can see who is represented
and who is speaking. The two nominated persons should advocate the
roles and responsibilities you have agreed as a group. The others should
support and build on their ideas.

Part 3 – Reflections
Back in your group, reflect on the following:
1. In relation to the CPRD, what best practices did you identify
from each of the three groups?
2. And what “worst” practices did you identify from each of the three
groups?
3. How can countries meet their implementation or
monitoring requirements in resource-limited contexts yet
still comply with the CRPD?
Be Ready to report your responses to these three questions in plenary.

You have 2 minutes to complete part 1, 10 minutes to complete part 2,

and 30 minutes to complete part 3. Be ready to report your responses to
these three questions in plenary.
Handout: Article 33 – National Implementation and Monitoring

1. State parties, in accordance with their system of organization, shall

designate one or more focal points within government for matters relating
to 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.

2. State parties shall, in accordance with their legal and administrative

systems, 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. When designating or establishing such a mechanism, State
parties shall take into account the principles relating to the status and
functioning of national institutions for protection and promotion of human
rights.

3. Civil society, in particular persons with disabilities and their

representative organizations, shall be involved and participate fully in the
monitoring process.
 Structures set up for the implementation and monitoring of the CRPD in
Select European Union Member States5
EU Member Focal points within government Coordination Framework to promote, protect and monitor
States for matters relating to the mechanism – Article 33 implementation of the CRPD – Article 33 (2)
implementation of the CRPD – (1)
Article 33 (1)

Austria Federal Ministry for Labour, Federal Ministry of CRPD monitoring committee
Social Affairs and Consumer Labour, Social Affairs
Protection; the 9 regional and Consumer Protection Association for the Support of the CRPD
authorities designated their own with the involvement of monitoring committee.
sub-focal points the Federal Disability
Advisory Board The 9 regional authorities designated their own
monitoring mechanisms.

Belgium Ministry of Labour and Social Minister of Labour and Monitoring Council Established in 2019 under
Policy, Policy for People with Social Policy the newly adoPersons with Disabilities Act.
Disabilities, Equal Opportunities
and Social Benefits Directorate, It is composed of 9 members – two
Integration of people with representatives from the Office of the
disabilities department Ombudsman of the Republic of Bulgaria, 2
representatives of the CPD, 4 representatives of
the organizations of persons with disabilities, 1
representative of the academic community. The
Council held its first meeting in July 2019.
Germany Federal Ministry for Labour and Federal Government
Social Affairs; the 16 Federal Commissioner for
States designated their own sub- Matters Relating to German Institute for Human Rights
focal points Persons with Disabilities)

Estonia Ministry of Social Affairs Cooperation Assembly Committee of the Rights of Persons with
between ministries), Disabilities under the Estonian Chamber of
Estonian Chamber of Disabled People
Disabled People and four
disabled persons
organisations

Spain Ministry of Health, Social National Disabilities Spanish Committee of Representatives of

Services and Equality; Ministry Council; Spanish
of Foreign Affairs and Monitoring System for People with Disabilities; Ombudsman
Cooperation; Ministry of Disability
Employment and Social Security

Czech Rep Ministry of Labour and Social Ministry of Labour and Public Defender of Rights
Affairs Social Affairs in
cooperation with Ministry
of Foreign Affairs,
Government Board for
People with Disabilities
and National Disability
Council
Finland Ministry for Foreign Affairs; Advisory Board for the Human Rights Centre; Human rights delegation;

5
Structures set up for the implementation and monitoring of the CRPD in some EU MS (European Union Member
States) Focal points within government for matters relating to the implementation of the CRPD – Article 33 (1)
Coordination mechanism – Article 33 (1) Framework to promote, protect and monitor implementation of the CRPD
– Article 33 (2).
 Ministry of Social Affairs and Rights of Persons with Parliamentary Ombudsman
Health Disabilities within
Ministry of Social Affairs
and Health)

France Ministry of Social Affairs and Interministerial Public Defender of Rights; National Advisory
Health; Interministerial Committee for Disability Council for Human Rights and National
Committee for Disability Advisory Council for People with a Disability

European Commission For matters of European Parliament; European Ombudsman;

EU coordination between the Fundamental Rights Agency;
Council, the Member
States and the European European Disability Forum
Commission, see
provisions of the Code of
Conduct between the
Council, the Member
States and the
Commission setting out
internal arrangements for
the implementation by
and representation of the
EU relating to the CRPD
(2010/C 340/08)

Malta Office for Disability Issues National Coordination Commission for the Rights of Persons with
(ODI) within the Parliamentary Mechanism – composed of Disability
Secretariat for Persons with Inter- Departmental
Disability and Active Ageing Coordination Committee
(PSDAA) Ministry for the (IDCC) and Inter- Ministerial
Family, Children’s Rights and Committee (IMC) – within the
Social Solidarity (MFCS) Office for Disability Issues
(ODI)
Poland Ministry of Family, Labour and Ministry of Family, Labour and
Social Policy Social Policy and the Team for
the implementation of the
CRPD provisions (chaired by Commissioner for human rights
the Government
Plenipotentiary for Persons
with Disabilities

Portugal Ministry of Foreign Affairs, Ministry of Labour, Solidarity National mechanism for monitoring & the
Directorate General of External and Social Security, National implementation of the Convention on the
Policy; Ministry of Labour, Institute for Rehabilitation Rights of Persons with Disabilities CRPD
Solidarity and Social Security,
Strategy and Planning Office
Slovakia Ministry of Labour, Social The Coordination mechanism is Commissioner for Persons with
Affairs and Family, Department represented by 2 members of
for matters relating to the all ministries in the Slovak Disabilities
implementation of the republic, and the chair of the
Convention on the Rights of Coordination mechanism is the
Persons with Disabilities director of the Ministry of
Labour, Social Affairs and
Family, Department for matters
relating to the implementation
of the Convention on the Rights
of Persons with Disabilities,
Ministry of Labour, Social
Affairs and Family SR.
 The list of members of the
Coordination mechanism is
available online at
https://www.mpsvr
.sk/sk/rodina- socialna-
pomoc/tazke- zdravotne-
postihnutie/kontakt ne-miesto-
prava- osob-so- zdravotnym-
postihnutim/
United Cabinet Office, Disability Unit Equality and Human Rights Commission
Kingdom (England and Wales); Scottish Human
Rights Commission; Northern Ireland
Human Rights Commission and Equality
Commission for Northern Ireland

Source: Structures set up for implementation and monitoring of CRPD

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