Presentation on the Role of Independent National Mechanisms
under Article 33(2) of the CPRD at
“Advancing The National Disability Strategy: Building On Comparative
And International Innovation”, Centre For Disability Law And Policy,
National University Ireland Galway, 10 December 2010
Des Hogan
Director of Enquiries, Legal Services & Administration,
Deputy CEO,
Irish Human Rights Commission
Article 33.2 National implementation and monitoring
Article 33.2 CPRD
“States Parties shall, in accordance with their legal and
administrative systems, maintain, strengthen, designate or
establish within the State Party, a framework, including one
or more independent mechanisms, as appropriate, to
promote, protect and monitor implementation of the
present Convention. When designating or establishing such
a mechanism, States Parties shall take into account the
principles relating to the status and functioning of national
institutions for protection and promotion of human
rights.” (the “Paris Principles”)
International law on disability rights
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CPRD provisions = 50 articles
25 substantive provisions often mirroring existing
human rights law norms –
European Convention on Human Rights
Revised European Social Charter
International Covenant on Civil & Political Rights
International Covenant on Economic, Social and
Cultural Rights
Convention on the Rights of the Child
Other
NB of independent monitoring of CPRD provisions
Current recognition of rights/ ongoing concerns:
  Liberty/ detention – Article 14
  Equal recognition - capacity – Article 12
  Ill-treatment/ abuse – Articles 15, 16
  Independent living – Article 19
  Habilitation/ rehabilitation and aid to
independence - Article 26
  Accessibility - Article 9
NB of independent monitoring of CPRD provisions
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Right to vote & be elected – Article 29
Equality and non-discrimination - Article 5
Right to education - Article 24
Right to health - Article 25
Right to an adequate standard of living
and social protection - Article 28
Right to work and employment - Article 27
Article 33.2 CRPD: Promote, protect and monitor …
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Promotion, e.g. distribution of information; research;
advocacy; events; publications; human rights
education
Protection, e.g. considering complaints, conducting
enquiries, referring individuals to appropriate bodies
(e.g. HIQA/ Mental Health Commission), third-party
intervention in selected court cases
Monitoring, e.g. reviewing existing and proposed
legislation; considering a national baseline review
across CPRD articles; active parallel reporting to the
CRPD Committee and other mechanisms
Article 33.2 – Independent designated body = ?
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Independent statutory body set up under the UN ‘Paris
Principles’ – complete independence from executive – statute/
composition/ staff/ powers/ finances
E.g. Paris Principles – “A” Status recognition by UN – Irish
Human Rights Commission (IHRC) established under Human
Rights Commission Act 2000
IHRC statutory remit to promote and protect human rights in
Ireland - in law, policy and practice - will include CPRD in
mandate Section 2 HRCA once ratified – IHRC work in drafting
of Convention at UN
IHRC would envisage role under Article 33.2 - only Paris
Principles-compliant institution in the State and regular liaison
with UN bodies - International egs: German, Danish, Great
Britain, Scottish NHRIs designated CRPD bodies
Article 33.2 Promote, protect and monitor …
What the independent body cannot do:
  Be a substitute for the State’s duties required to be undertaken
under the CPRD such as:
  Relevant Government body responsible for ensuring CRPD
rights
  Departments, Gardai, HSE etc. as focal point(s)/ coordination
mechanism under Art 33.1
  Other regulators, local authorities, courts service, advice
services, advisory bodies on technical matters such as
transport accessibility and the built environment
  Undertake work without ring-fenced resources - scope and
quality of Article 33.2 work dependent on resources
Before deciding on the designated body
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State should illicit views of disability groups on who
should be the designated body
State should consult with the national human rights
institution (IHRC)
State needs to decide what the body will do and
whether it will comprise a single or multiple body
Legislation should confirm this decision
Baseline study v CRPD provisions may be required –
progressive realisation of rights
Before deciding on the designated body
Secure
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Funding
Staffing: e.g. German Institute for Human Rights - six
permanent staff
Independence – Paris Principles
Competence – legislative powers and expert staff
Scope and range of work
Linkages
The designated body linkages
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Framework” under Article 33.2 should link in to:
Government’s focal point(s) and coordination mechanism under
Article 33.1
State’s other regulatory bodies with a disability-related remit –
National Disability of Ireland, Equality Authority, Mental Health
Commission, Health Information and Quality Authority,
Ombudsman, Ombudsman for Children, Citizens Information
Board
Civil society/ persons with disabilities/ NGOs under Article 33.3
UN CRPD Committee in the submission of “shadow” reports
Q&A
ww.ihrc.ie/international/parisprinciples.html