A/HRC/13/29
monitoring process, in line with the principle of participation of persons with disabilities
that permeates the treaty.
IV. National implementation and monitoring of article 33 of the
Convention
20.
In relation to other human rights treaties, treaty bodies have often addressed issues
concerning the implementation and monitoring of the respective conventions at national
level in their concluding observations and recommendations on the reports of States parties
or in general comments. Recommendations on implementation have often highlighted the
need for the establishment or strengthening of effective national machineries and
institutions, for coordination within government and between government and civil society,
and rigorous monitoring of implementation which “should be built into the process of
government at all levels but also [requires] independent monitoring by national human
rights institutions, NGOs and others”.11
21.
The incorporation of provisions on national implementation and monitoring in the
Convention on the Rights of Persons with Disabilities has been commended as a measure to
consolidate the institutional preconditions necessary to ensure the realization of the
Convention at domestic level.12
A.
Focal point(s)
22.
According to the Convention, the first element of the institutional structure that
States parties need to put in place is to designate one or more focal points within
government for matters related to the implementation of the Convention. National focal
points on disability issues are already in place in most Governments, including as a result of
the implementation of the Standard Rules on the Equalization of Opportunities for Persons
with Disabilities.13 As such, implementation of article 33, paragraph 1 might require a
reconsideration of existing structures rather than the establishment of new entities.
23.
While it is not helpful to attempt to describe detailed national arrangements for very
different systems of government, some key general considerations should be taken into
account.
24.
For the effective implementation of the Convention, it might be advisable to adopt a
two-pronged approach and appoint focal points at the level of each or most governmental
departments/ministries as well as designate one overall focal point within government
responsible for the implementation of the Convention.
25.
The designation of disability focal points at the level of government ministries
responds to the recognition that the full and effective implementation of the Convention
11
12
13
6
See Committee on the Rights of the Child general comment No. 5 (2003) on general measures of
implementation of the Convention on the Rights of the Child (arts. 4, 42 and 44, para. 6). See also
Committee on the Elimination of Discrimination against Women, general recommendation No. 6
(1988) on effective national machinery and publicity.
See G. Quinn, “Resisting the ‘temptation of elegance’: can the Convention on the Rights of
Persons with Disabilities socialise States to right behaviour?” in The UN Convention on the
Rights of Persons with Disabilities: European and Scandinavian Perspectives, O.M. Arnardóttir and
G. Quinn, eds. (Leiden, Martinus Nijhoff Publishers, 2009).
Standard Rules on the Equalization of Opportunities for Persons with Disabilities (General Assembly
resolution 48/96), available at: http://www.un.org/documents/ga/res/48/a48r096.htm.
GE.09-17748
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