A/HRC/10/48 page 20 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

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents