A/HRC/13/29
requires action by most, if not all, government ministries. Such focal points should
represent the respective ministry in the national coordination mechanism also provided for
in article 33, paragraph 1. Their mandate should include promoting awareness of the
Convention within the ministry, participation in the development of an action plan on the
Convention, and monitoring and reporting on implementation within their functional lines.
26.
The appointment of one overall focal point for the Convention within government, at
the same time responds to the need to ensure the existence of a general oversight and
promotion role. In this perspective, the following considerations are of relevance.
27.
In the first instance, the paradigm shift endorsed by the Convention on the
understanding of disability, away from medical and social understanding to one of human
rights, needs to be reflected in the choice of focal point. As such, designation of the
ministry of health as the government focal point should be avoided, as should the
designation of special education departments within ministries of education, as is currently
the case in some systems. Similarly, placement of the focal point within ministries of
welfare and labour as is the practice in the majority of States parties should be reviewed
and ministries with responsibility for justice and human rights should be preferred.
Australia, by way of example, designated the Attorney-General’s Department as the joint
focal point for implementing the Convention.14
28.
Secondly, implementation of the Convention requires traction at the most senior
level of government. Placing the focal point on the Convention close to the heart of
government, such as in the Office of the President or the Prime Minister, or the Cabinet
Office, would be ideal. Some States parties have already implemented this approach, in
accordance with their own system of government. In South Africa, for example, the Office
on the Status of Disabled Persons (OSDP) is one of the Directorates in the Presidency,
alongside the Office on the Status of Women and the Office on the Rights of the Child.15
Australia has a Parliamentary Secretary for Disabilities, who reports to the Prime
Minister.16 Where ministers in charge of disability are not part of the Cabinet, this might
hamper the robustness of the focal points structure.
29.
Thirdly, the mandate of the focal point should clearly focus on developing and
coordinating a coherent national policy on the Convention. As such, the focal point should
promote, guide, inform and advise government on matters related to the implementation of
the Convention but arguably not implement it by delivering disability support services. The
mandate of the focal point could also include coordination of government action on the
Convention in respect of reporting, monitoring, awareness-raising and liaising with the
independent monitoring framework designated under article 33, paragraph 2 of the
Convention. Furthermore, the focal point should represent the channel for civil society and
organizations of persons with disabilities to communicate with government on the
implementation of the Convention.
30.
In the fourth instance, the focal point within government needs to be adequately
supported in terms of technical staff and resources. Therefore maintaining the structure
supporting the focal point within large ministries so as to take advantage of economies of
14
15
16
GE.09-17748
See Australian Government website at: http://www.fahcsia.gov.au/sa/disability/progserv/
govtint/Pages/policy-international_disability_issues.aspx.
See Presidency of the Republic of South Africa website at http://www.thepresidency.gov.za/
about/organogrambig.htm.
See Australian Prime Minister website at: http://www.pm.gov.au/PM_Connect/Community_Cabinet.
7
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