A/HRC/4/75
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legal systems, balanced gender representation and participation of experts with disabilities.
Members will serve in their personal capacity and shall be of high moral standing and have
recognized competence and experience in the field of human rights and disability.
51.
The primary function of the Committee will be to consider reports of States parties on the
measures taken to give effect to the obligations under the Convention and on the progress made
in that regard. States parties must submit the first comprehensive report within two years after
the entry into force of the Convention for the State party concerned and then the State will have
to submit further reports every four years or whenever the Committee so requests. Subsequent
reports need not repeat information provided in the first report. States are invited to consider
preparing the reports through an open and transparent process, giving due consideration to close
consultation with persons with disabilities and their representative organizations. The
Committee will consider the reports and make suggestions and general recommendations on the
report as appropriate.
52.
An optional protocol to the Convention establishes two additional procedures - an
individual communications procedure and an inquiry procedure. According to the individual
communications procedure, a State party to the protocol recognizes the competence of the
Committee to receive and consider communications from or on behalf of individuals or groups
of individuals subject to its jurisdiction claiming a violation by that State of any of the provisions
in the Convention. The Committee must assess whether the communication is admissible,
including whether the petitioner has exhausted domestic remedies prior to considering the merits
of the communication. The Committee, after examination of the admissibility and merits of the
communication, may transmit its suggestions and recommendations to the State party and the
petitioner.
53.
The protocol establishes a second optional procedure whereby the Committee may, on
the receipt of reliable information indicating grave or systematic violations by a State party of
the rights in the Convention, invite the State party to cooperate in the examination of the
information. Upon the basis of this examination, the Committee may designate one or more of
its members to undertake an inquiry and to report urgently to the Committee. Where warranted
and with the consent of the State, this inquiry may include a visit to the country concerned.
54.
Finally, the Convention requires the Committee to report every two years to the
General Assembly and to the Economic and Social Council on its activities. In those reports, the
Committee may make suggestions and general recommendations based on reports and
information from States parties.
III. CONCLUSIONS AND RECOMMENDATIONS
55.
The present reporting year has been a landmark for human rights and disabilities
with the adoption of the International Convention on the Rights of Persons with
Disabilities. The Office, together with States, United Nations partners, national human
rights institutions and civil society organizations, has continued increasing its capacity and
activities on human rights and disabilities, and it is intended to maintain and strengthen
this trend over the coming years. In this regard, the High Commissioner underscores the
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