A/HRC/13/29
development and implementation of legislation and policies to implement the Convention
and in all decision-making processes relating to persons with disabilities.
70.
The requirement to involve persons with disabilities applies to all parts of article 33,
and not only to the monitoring process. In this sense, any consultation on the establishment
of the monitoring framework should naturally involve representative organizations of
persons with disabilities.
71.
Article 33, paragraph 3, arguably seems to include both direct participation of
persons with disabilities in the monitoring process, as well as indirect participation, through
representative organizations. Direct participation of persons with disabilities in the
monitoring process can take place for example by having experts who are persons with
disabilities to participate in the work of the monitoring framework. Some national human
rights institutions have commissioners who are persons with disabilities or have persons
with disabilities on their executive boards.
72.
At the same time, the requirement to ensure that organizations representing persons
with disabilities be included in the monitoring process should also be noted. It is
recommended that an open discussion take place with organizations of persons with
disabilities to identify the criteria on which organizations could be considered to be
representative of such constituencies. Various consultations held with organizations of
persons with disabilities indicate a strong preference in favour of national umbrella
organizations.49
73.
The potential of having both national human rights institutions and organizations of
persons with disabilities as the independent mechanism and as a participating entity of the
monitoring framework respectively, should be duly explored.
V.
Conclusions and recommendations
74.
The Convention on the Rights of Persons with Disabilities is the first treaty that
contains specific requirements on its national implementation and monitoring.
75.
The establishment or designation of adequate implementation and monitoring
structures, in accordance with article 33, will strengthen the implementation of the
Convention at national level. Monitoring is particularly needed to assess the adoption
and effective implementation of measures and their actual impact.
76.
The Convention distinguishes implementation of the Convention from
protection, promotion and monitoring of its implementation. While implementation is
the responsibility of government, protection, promotion and monitoring requires the
leadership of national entities established in line with the Paris Principles and the
participation of persons with disabilities and their representative organizations.
According to the Convention, the two functions should not be assigned to one single
entity.
77.
Government agencies responsible for the implementation of the Convention
need to be provided with effective institutional arrangements that include a focal point
system and a coordination structure.
49
16
Informal report of the OHCHR consultation on national frameworks for the implementation and
monitoring of the Convention held on 26 October 2009, available at
http://www2.ohchr.org/english/issues/disability/docs/ReportConsultation26102009.doc.
GE.09-17748
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