A/HRC/10/48
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B. National monitoring framework
64. In addition to designating institutions at government level tasked with implementation, the
Convention requires States to maintain, strengthen, designate or establish a framework to
“promote, protect and monitor” the implementation of the Convention.54 Effectively, therefore,
the Convention envisages two parallel structures at national level: the first, at government level,
tasked with implementation. The second, at State level, tasked with promoting, protecting and
monitoring implementation is required to include one or more independent mechanisms and to
take into account the “principles relating to the status and functioning of national institutions for
the protection and promotion of human rights”.55
65. The Convention leaves to States parties the choice of instituting specific disability
mechanisms or assigning the monitoring function to existing entities. Whatever the preferred
choice, it must be noted that any institutions assuming the monitoring role must take into account
the principles relating to the status and functioning of national institutions for the protection and
promotion of human rights.
66. The elements of an appropriate framework are likely to vary according to the national and
administrative systems of States, as explicitly provided for in article 33. The performance of
functions related to the promotion, protection and monitoring might, however, include:
awareness-raising and public education campaigns; the conduct of public inquiries; the
preparation of studies and reports reviewing legislation and policies for compliance; and the
promotion of harmonization of national law and practice with international standards.
Furthermore, functions might also include reporting to government, parliament or any other
competent body, in an advisory function, on human rights and disability matters, upon request or
its own volition; contributing to reports which States are required to submit to United Nations
bodies and committees; encouraging ratification or accession to human rights instruments and
ensuring their implementation; and the hearing of complaints and petitions.
67. The importance of promptly initiating a consultation with national human rights
institutions in relation to the role they can play in monitoring and promoting the implementation
of the Convention should be highlighted. Such discussion is essential, including in cases in
which States opt for assigning the monitoring mandate to a broader framework, of which
national human rights institutions shall be part. In this regard, it is important to highlight the very
specific prescription of the Convention that civil society and “in particular persons with
disabilities and their representative organizations be involved and participate fully in the
monitoring process”.56 In Sweden, consultations are taking place between the Office of the
Ombudsperson and civil society to explore organizational alternatives for the participation of
civil society.
54
CRPD, art. 33, para. 2.
55
Also referred to as the Paris Principles, adopted by the General Assembly in
resolution 48/134.
56
CRPD, art. 33, para. 3
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