A/HRC/31/62
84.
Persons with disabilities can participate in legislative processes in different ways. In
many countries, citizens have the right to propose legislative initiatives, referendums and
petitions, without the endorsement of political parties or State authorities. States must
ensure that these direct democracy procedures are fully accessible for persons with
disabilities.
85.
While the legislative process may vary from country to country, legislatures should
guarantee the participation of persons with disabilities throughout the entire process,
including in deliberative assemblies or chambers that debate and vote on draft laws
concerning issues relating to persons with disabilities. National legislatures should establish
specific provisions in their rules of procedure to enable the participation of representative
organizations of persons with disabilities in advisory groups and legislative committees, as
well as in public hearings and online consultations. The accessibility of facilities and
procedures must also be guaranteed.
2.
Budgeting
86.
The right of persons with disabilities to participate in public decision-making also
covers public budgeting processes. Representative organizations of persons with disabilities
can play an important role in public budgeting, by providing critical information on the
concerns, needs and priorities of persons with disabilities. The participation of persons with
disabilities and their representative organizations in public budgets ensures that resources
are allocated to priority areas, and that bodies implementing mainstream and disabilityspecific policies and programmes are held accountable for their performance.
87.
States are increasingly introducing participatory budgeting mechanisms, which
enable citizens to influence the allocation of public resources through direct discussions and
negotiations with authorities. Although participatory budget processes are a valuable
opportunity for persons with disabilities to make States more responsive to their needs and
preferences, their effectiveness depends upon the provision of accessibility and capacitybuilding.
88.
Contributions to the present report have illustrated that persons with disabilities and
their representative organizations are generally excluded from public budgeting processes.
Inadequate resource allocation and inadequate identification of priority areas, including for
funding participatory mechanisms and for representative organizations of persons with
disabilities, are of concern. States must therefore adopt a framework that facilitates the
participation of persons with disabilities and their representative organizations at all stages
of the budgeting process.
3.
National implementation and monitoring
89.
Article 33 of the Convention on the Rights of Persons with Disabilities requires
States to designate one or more government focal points and to consider the establishment
of a coordination mechanism to advance and facilitate the implementation of the treaty at
all levels. States are also required to establish an independent mechanism to monitor the
implementation of the Convention. Involvement and full participation by persons with
disabilities and their representative organizations is required not only in the monitoring
process but in all the provisions within article 33.48
90.
Consequently, the establishment of any national framework for the implementation
or monitoring of the Convention on the Rights of Persons with Disabilities must include
persons with disabilities through their organizations. These frameworks must be operated in
48
20
See A/HRC/13/29, para. 70.
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