A/HRC/13/29
49.
The Convention on the Rights of Persons with Disabilities is the first human rights
convention that includes an explicit role for national human rights institutions in promoting,
protecting and monitoring implementation of a treaty at national level. Treaty bodies
monitoring other human rights treaties have however often interpreted the general
obligation to adopt all measures necessary to give effect to the treaty to include the
establishment of a national human rights institution.28 The Committee on the Rights of the
Child, in particular, issued a general comment on the role of national human rights
institutions in the promotion and protection of the rights of the child in which it clarified
that it “considers the establishment of such bodies to fall within the commitment made by
States parties upon ratification to ensure the implementation of the Convention”29 and that
“the role of national human rights institutions is to monitor independently the State’s
compliance and progress towards implementation [of the Convention] and to do all it can to
ensure full respect for children’s rights”.30
50.
On the basis of the submissions received, there seems to be a fair awareness amongst
States parties of the role their national human rights institutions can play with regard to the
protection, promotion and monitoring of the implementation of the Convention. Several
national human rights institutions in fact have long-established records of engagement on
the theme which derive from their broad human rights mandate and often precede the
ratification of the Convention in their respective countries. To illustrate this, several
national human rights commissions such as those in Kenya, Mexico, Nigeria, South Africa
and Togo have focal points or departments on the rights of persons with disabilities. Several
ombudsmen have similar experiences for instance in Ecuador, El Salvador, Guatemala and
Peru.31
51.
Notwithstanding this wide engagement of national human rights institutions in the
rights of persons with disabilities, only a few States have taken formal steps to designate
their national human rights institutions as the independent mechanism of the framework.
Positive examples include Germany32 which has formally designated the German Institute
for Human Rights as the independent mechanism and the United Kingdom33 which has
designated the Equality and Human Rights Commissions, the Scottish Human Rights
Commission and the Northern Ireland Human Rights and Equality Commissions in the
devolved administrations, in accordance with article 33, paragraph 2. Other States, such as
Latvia, have reported that they are taking formal steps in this same direction.34
52.
On the other hand, some submissions seem to implicitly assume the attribution of
the promotion, protection and monitoring functions of the Convention to the national
human rights institution without a formal designation. Naturally, national institutions do not
have to wait for the Convention to be ratified to become engaged in the rights of persons
with disabilities. However, formal designation can represent an important opportunity for
strengthening the entity concerned and contribute to the effective implementation of its
functions.
28
29
30
31
32
33
34
12
See for example Committee on the Elimination of Racial Discrimination, general recommendation
No. 17 (1993) on the establishment of national institutions to facilitate the implementation of the
Convention and Committee on Economic, Social and Cultural Rights, general comment No. 10
(1998) on the role of national human rights institutions in the protection of economic, social and
cultural rights.
General comment No. 2 (2002), para. 1.
Ibid., para. 25.
See submissions at http://www2.ohchr.org/english/issues/disability/submissions.htm.
Ibid.
Ibid.
Ibid.
GE.09-17748
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents