A/HRC/13/29
engagement in the promotion of the implementation of the Convention. For example, this
could include: scrutiny for compliance of existing national legislation, regulations and
practices, as well as draft bills and other proposals, to ensure they are consistent with the
requirements of the Convention; and provisions of technical advice to public authorities or
other agencies in construing and applying the Convention, including on the basis of
observations and recommendations and general comments issued by the Committee on the
Rights of Persons with Disabilities.
65.
Human rights impact assessments, as tools that measure the impact of policies or
other interventions on human rights, could prove particularly useful to Governments in
assessing what measures to adopt for the purpose of promoting implementation of the
Convention.46 By way of reference, it should be noted that some treaty bodies have
recommended that States parties conduct human rights impact assessments in relation to
their treaty obligations. The Committee on Economic, Social and Cultural Rights has
recommended that human rights impact assessments “be made an integral part of every
proposed piece of legislation or policy initiative”.47
66.
Protection under the Convention can include a broad range of different activities that
range from the investigation and examination of individual and group complaints to taking
cases to court, to the conducting of inquiries and issuance of reports.
67.
Monitoring the implementation of the Convention can be approached from multiple
perspectives. On one hand, it can be achieved through assessing progress, stagnation or
retrogression in the enjoyment of rights over a certain period of time. The development of
indicators and benchmarks is a particularly effective way to monitor implementation,
particularly with regard to the progressive realization of economic, social and cultural rights
in the Convention.48
68.
Another approach with which many human rights institutions are familiar is that of
monitoring human rights violations, a common methodology of which is the collection or
keeping of records of the complaints filed by alleged victims before relevant judicial or
quasi-judicial complaints mechanisms. Considering the specific barriers persons with
disabilities have traditionally faced in accessing justice, this data should be integrated with
information on violations from other sources, such as civil society organizations and
organizations of persons with disabilities participating in the framework.
D.
The participation of civil society
69.
Article 33, paragraph 3, requires the involvement and full participation of civil
society and in particular of persons with disabilities and their representative organizations
in the monitoring process. This requirement further specifies the general principle of
participation of persons with disabilities in article 3 of the Convention and the general
obligation in article 4, paragraph 3, of the Convention to closely consult with and actively
involve persons with disabilities through their representative organizations in the
46
47
48
GE.09-17748
See report of the United Nations High Commissioner for Human Rights on implementation of
economic, social and cultural rights (E/2009/90), paras. 35–38.
Concluding observations on the report of the United Kingdom E/C.12/1/Add.19, para. 33; see also
concluding observations of the Committee on the Rights of the Child on the report of the Netherlands,
CRC/C/15/Add.114, para. 13.
OHCHR has made important progress in developing a conceptual framework of qualitative and
quantitative human rights indicators and produced several reports in this regard. See for example
HRI/MC/2006/7 and HRI/MC/2008/3.
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