A/HRC/19/74
45 states that, ―in order to foster the effective implementation of the Convention and to
encourage international co-operation in the field covered by the Convention‖, the
specialized agencies, such as UNICEF, have the right to participate in the work of the
Committee on the Rights of the Child.
17.
This wording in the preamble to the Convention on the Rights of the Child is echoed
in the Convention on the Rights of Persons with Disabilities which, in turn, recognizes ―the
importance of international cooperation for improving the living conditions of persons with
disabilities in every country, particularly in developing countries‖. Article 32 is concerned
with the subject of international cooperation, in a very broad sense rather than solely as it
relates to the specialized agencies:
―1.
States Parties recognize the importance of international cooperation and its
promotion, in support of national efforts for the realization of the purpose and
objectives of the present Convention, and will undertake appropriate and effective
measures in this regard, between and among States and, as appropriate, in
partnership with relevant international and regional organizations and civil society,
in particular organizations of persons with disabilities. Such measures could include,
inter alia:
―(a) Ensuring that international cooperation, including international
development programmes, is inclusive of and accessible to persons with disabilities;
―(b) Facilitating and supporting capacity-building, including through the
exchange and sharing of information, experiences, training programmes and best
practices;
―(c) Facilitating cooperation in research and access to scientific and
technical knowledge;
―(d) Providing, as appropriate, technical and economic assistance,
including by facilitating access to and sharing of accessible and assistive
technologies, and through the transfer of technologies.
―2.
The provisions of this article are without prejudice to the obligations of each
State Party to fulfil its obligations under the present Convention.‖
18.
In addition, article 37, entitled ―Cooperation between States Parties and the
Committee‖, states in paragraph 2 that the Committee is to give due consideration to: ―ways
and means of enhancing national capacities for the implementation of the present
Convention, including through international cooperation‖. Thus it juxtaposes two very
different forms of cooperation. Similarly, article 38, entitled ―Relationship of the
Committee with other bodies‖, is also concerned with the question of fostering: ―the
effective implementation of the present Convention and [encouraging] international
cooperation in the field covered by the present Convention‖.
19.
In other words, all aspects of cooperation are covered: cooperation between States;
cooperation between States and international organizations; cooperation between
institutions; and cooperation with civil society. Article 32, on cooperation arrangements,
refers to the following in turn: ―international development‖, ―capacity-building‖ and the
sharing of best practices; ―access to scientific and technical knowledge‖; ―technical and
economic assistance‖; and the ―transfer of technologies‖. Most of these terms entail a form
of solidarity, which may encompass its North-South but also its South-South dimension.
Article 32, paragraph 2, serves as a reminder that this obligation to engage in international
cooperation does not exonerate the State from its primary responsibility. The particularly
detailed approach taken in the Convention could serve as a frame of reference for the
interpretation of earlier treaties.
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