A/HRC/31/62
requires parties to deal honestly and fairly with each other, represent their motives and
purposes truthfully, and refrain from taking any unfair advantage. 46
79.
Consequently, good faith should be a foundation stone of all State actions during
processes of dialogue and consultation with representative organizations of persons with
disabilities, and should permeate States’ interpretations of their own rules for participation
in public decisions. Consultations must embrace transparency, mutual respect, meaningful
dialogue and a sincere desire to reach consensus. They must take place in accordance with
procedures that are appropriate to the circumstances of the diversity of the disability
movement and must allow for reasonable and realistic timelines.47
80.
States should undertake periodic evaluations of the functioning of the different
participation and consultation mechanisms, with the active involvement of representative
organizations of persons with disabilities, to ensure that the principle of good faith is being
respected. Contributions to the present report highlight the importance of developing codes
of conduct for consultation and engagement with CSOs.
6.
Awareness-raising
81.
Due to stigma and segregation, persons with disabilities often remain invisible in
society and their opinions are not duly taken into account or recognized as valid. States
must raise the awareness of societies about the importance of persons with disabilities
participating in public decisions and about the positive impact that they have on the
decision-making. They should develop specific training programmes targeted at authorities
and public officials, especially those involved in policymaking. These actions must be
undertaken in consultation with representative organizations of persons with disabilities,
and the active participation of persons with disabilities as teachers, instructors or advisors
must be ensured.
82.
States should implement awareness-raising training programmes on the rights of
persons with disabilities. Organizations of persons with disabilities can contribute to these
efforts by educating persons with disabilities about their rights and responsibilities and
about how proposed policies and decisions would affect their lives. Awareness-raising and
education programmes on a rights-based approach to disability can also contribute to the
promotion and protection of democracy.
D.
Key areas for participation
1.
Legal harmonization
83.
States parties to international and regional human rights instruments have an
obligation to ensure that their domestic legislation is consistent with international standards.
The Convention on the Rights of Persons with Disabilities requires States to adopt all the
appropriate legislative measures to implement the human rights and fundamental freedoms
of persons with disabilities, and to repeal any inconsistent legislation. Therefore, States
should undertake a holistic review of the adequacy of their existing legislation, in view of
their obligations under the Convention. During this process, States must closely consult
with and actively involve persons with disabilities through their representative
organizations.
46
47
Anthony D’Amato, “Good faith”, Encyclopedia of Public International Law (1992), p. 599.
See CRPD/C/HUN/CO/1, para. 14.
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