A/HRC/31/62
harmonize or coordinate their activities, when the real intention is, in most cases, to silence
dissident opinions and turn such organizations into governmental appendages. However,
representative organizations of persons with disabilities are not part of the public sector and
cannot be subjected to regulation and control, unless it is prescribed by law and is necessary
to protect a legitimate interest in a democratic society. 34 States must also ensure that
members of representative organizations of persons with disabilities have unfettered access
to an independent and impartial judicial body to resolve any internal disputes.
46.
Finally, States must ensure that representative organizations of persons with
disabilities can freely engage with national and international human rights monitoring
mechanisms, including the Committee on the Rights of Persons with Disabilities, other
treaty bodies, the universal periodic review, and the special procedures of the Human
Rights Council.
4.
Capacity-building
47.
Capacity-building is another key component for the effective and meaningful
participation of persons with disabilities. Advocacy is more likely to be successful when
organizations work strategically, have a clear understanding of policy processes and invest
in people skills. The empowerment of persons with disabilities involves the development of
technical, administrative and communication skills, as well as the facilitation of access to
information and tools concerning their rights, legislation and policymaking. Implementation
of the many innovations in the Convention on the Rights of Persons with Disabilities
requires a strong and independent disability movement, one that can adequately respond to
the demands of participation on all matters relevant to the movement.
48.
Structural challenges are a major obstacle to the participation of persons with
disabilities in public decision-making. As education systems often fail to adequately
include persons with disabilities, their opportunities and capacities to become successfully
involved in public decision-making are limited. This also affects the institutional capacities
of their representative organizations. The lack of social protection systems for securing
sufficient income and employment opportunities also affects the capacity of persons with
disabilities to devote time and effort to civil society.
49.
Pursuant to their obligations under the Convention on the Rights of Persons with
Disabilities, States should strengthen the capacity of representative organizations of persons
with disabilities to participate in policymaking, by providing capacity-building and training
on a rights-based approach to disability. States should also build the competencies,
knowledge and skills required by representative organizations to advocate for their full and
effective participation in society (e.g. on topics such as strategic planning, communication,
information disclosure, stakeholder consultations, networking, advocacy and independent
monitoring mechanisms).
50.
While respecting the autonomy of such organizations, States should support them in
developing stronger democratic governance principles (such as respect for human rights,
the rule of law, transparency, accountability, pluralism and participation) and in
strengthening their accountability, and should provide guidance on how to access funding
and diversify their sources of support.
5.
Funding
51.
The ability of representative organizations of persons with disabilities to access
funding and resources is an integral and vital part of the right to freedom of association and
34
International Covenant on Civil and Political Rights, art. 22 (2).
13
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