A/HRC/4/75
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Monitoring mechanisms at the national level
47.
The Convention requires States parties to establish monitoring mechanisms at both the
national and international levels. In this regard, the Convention continues a recent development
in human rights law requiring States parties to human rights instruments to establish national
monitoring mechanisms.7
48.
First, the Convention, in article 33, requires States parties to designate one or more focal
points within government for matters relating to implementation. Second, States parties must
give due consideration to the establishment or designation of a coordination mechanism within
the Government to facilitate related action in different sectors and at different levels. Given the
comprehensive nature of the rights and obligations established under the Convention, focal
points and coordination mechanisms within the Government will be important in ensuring
comprehensive and coordinated reform and cohesive strategies across different ministries and
different levels of government - central, provincial and local.
49.
The third national mechanism provided for by the Convention concerns the
establishment, designation and/or strengthening of an independent monitoring mechanism that
takes into account the Paris Principles.8 By the terms of the Convention, a State party has the
option of assigning national monitoring to an existing human rights institution or of establishing
a new institution. This reflects the reality that a considerable number of States already have
independent human rights institutions, many of which have a mandate in relation to the
promotion and protection of the rights of persons with disabilities. What is significant is that the
Convention requires States parties to ensure that an independent national institution will have
authority to monitor implementation of the Convention.
Monitoring mechanisms at the international level
50.
As with other United Nations human rights instruments, the Convention establishes a
Conference of States parties and an independent monitoring body known as the Committee on
the Rights of Persons with Disabilities. The Conference of States parties will meet regularly - at
least biennially - to consider any matter with regard to the implementation of the Convention.
The Committee, to be established when the Convention comes into force, will consist of
12 independent experts, rising to 18 experts after an additional 60 ratifications or accessions to
the Convention. States parties will elect experts by secret ballot for a term of four years, eligible
for re-election once. In electing the members, States parties have to give due consideration to
geographical distribution, representation of different forms of civilization and of the principal
7
See for example the Optional Protocol to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment.
8
Principles relating to the status and functioning of national institutions for protection and
promotion of human rights, General Assembly resolution 48/134.
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