A/HRC/10/48
page 6
appear significantly diverse.11 Of interest is the practice in certain States of conducting national
interest analyses,12 which highlight issues such as the reasons for becoming a party to a given
treaty, the implications of becoming a party in terms of obligations and costs arising from the
ratification of the Convention and the related implementation issues, with reference to both
identification of legislation in place and analysis of such legislation in terms of compliance. The
national interest analysis accompanies the proposal for ratification in its internal process. As the
next chapter indicates, any pre-ratification review should be part of a process that continues in
the implementation phase to review existing and proposed legislation.
17. Secondly, the experience of States parties that have engaged in adequate consultation prior
to ratification appears to result in a positive impact on the implementation of the Convention.
Adequate consultation should take place at the level of government departments and agencies,
and State and territory level where applicable. Such consultation should enhance understanding
of the Convention, contribute to ascertaining compliance of laws, policies and programmes with
the Convention and identify areas for improvement. Non-governmental stakeholders and in
particular civil society and organizations of persons with disabilities should also be integrated in
such national consultations. Full and effective participation and inclusion in society of persons
with disabilities is a general principle of the Convention,13 which also specifically establishes the
duty on States to closely consult and actively involve persons with disabilities in the
development and implementation of policies that affect them.14 Submissions for this study have
highlighted the beneficial impact of officially translating and widely disseminating the
Convention in national languages, to publicly launch the process of ratification, to make publicly
available a plan that includes timelines and opportunities for consultation, and to invite civil
society and organizations of persons with disabilities to make submissions presenting their views
on the opportunities, implications and challenges of ratification. The need to support the
participation of organizations of persons with disabilities in consultations, including with
financial support, should also be carefully considered. The findings of the national interest
analysis carried out by the government should eventually be made public.
C. Reservations and interpretative declarations
18. Some States that have ratified the Convention on the Rights of Persons with Disabilities
have sought to adjust the application of the treaty by means of interpretative declarations or
reservations. Article 2, paragraph 1 (d), of the Vienna Convention on the Law of Treaties defines
a “reservation” as “a unilateral statement, however phrased or named, made by a State when
signing, ratifying, accepting, approving or acceding to a treaty, whereby it purports to exclude or
11
Such as for example in the submissions of Nepal, New Zealand, Niger, Romania and
Slovakia.
12
Also referred to as informes or dossiers.
13
CRPD, art. 3.
14
CRPD, art. 4 (3).
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