A/HRC/31/62
61.
Representative organizations of persons with disabilities should promote the
participation of women and girls with disabilities, as well as that of persons with disabilities
from all population groups, as active members, in a spirit of pluralism and inclusiveness.
While representative organizations of persons with disabilities may have different agendas
and different engagement at various levels of government, this multiplicity of interests and
strategies should not lead to the exclusion of specific groups of persons with disabilities.
Only by embracing its diversity will the disability movement find its strength.
C.
1.
Promoting consultation and the active involvement of persons
with disabilities
Legal framework
62.
The Convention on the Rights of Persons with Disabilities requires States to adopt
all appropriate legislative, administrative and other measures to ensure effective and active
participation by persons with disabilities in public decision-making. This entails
recognizing the right of persons with disabilities to both participation and association, as
well as the right of organizations of persons with disabilities to represent persons with
disabilities at the national, regional and local levels. States must also adopt a legal
framework conducive to the direct and indirect participation of persons with disabilities in
law and policymaking, amending or repealing legislation, regulations, customs and
practices that limit the ability of persons with disabilities and their representative
organizations to participate. The participation of persons with disabilities in public life must
be a cross-cutting principle of good governance.
63.
National legal frameworks must explicitly require that State authorities consult
closely with and actively involve persons with disabilities (including women and children
with disabilities) through their representative organizations, in the development and
implementation of legislation and policies concerning issues relating to them. This requires
prior consultations and engagement with representative organizations of persons with
disabilities at all stages of public decision-making, including before the adoption of
legislation, policies and programmes that affect them. This duty stretches beyond
consultation and access to public decision-making spaces and moves into the areas of
partnership, delegated power and citizen control.
64.
Importantly, the phrase “concerning issues relating to persons with disabilities”, as
referred to in the Convention on the Rights of Persons with Disabilities, should be
understood broadly, to cover a wide range of legislative, administrative and other measures
that may directly or indirectly affect persons with disabilities. This includes any decisionmaking processes, whether disability-specific or mainstream, that might have an impact in
their lives.
65.
States must consult with and actively involve persons with disabilities in law and
policymaking and establish formal mechanisms and remedies for challenging decisions
adopted without this prerequisite of validity.
2.
Institutionalized consultative bodies and mechanisms
66.
Although the Convention on the Rights of Persons with Disabilities underscores the
involvement of persons with disabilities in decision-making processes through their
representative organizations, it does not provide guidance on how participation should be
ensured. The Committee on the Rights of Persons with Disabilities has highlighted the need
to establish formal mechanisms and protocols, at all levels of the government, to conduct
systematic consultations with representative organizations of persons with disabilities.
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