National implementation and
monitoring frameworks
Module 6
Objective
 Identify the main
institutional actors
with roles in
implementing and
monitoring the
Convention
 Understand the
main functions of
those involved in
implementation and
monitoring
Module flow
 Main actors
 Focal points and coordination
mechanisms
 National independent
mechanisms
 Parliaments
 Courts and tribunals
 Participation of civil society
Relevant actors
Focal points
Coordination
mechanism
Courts &
tribunals
Civil society,
PWDs &
OPDs, media,
academics
Implementation
and monitoring
of the
Convention
Parliament
National
monitoring
framework
Focal points and
coordination mechanisms
States Parties, in accordance with their system of
organization, shall designate one or more focal
points within government for matters relating to
the implementation of the present Convention, and
shall give due consideration to the establishment
or designation of a coordination mechanism
within government to facilitate related action in
different sectors and at different levels.
art. 33 (1)
Possible functions
What are the possible functions
of focal points and coordination
mechanisms?
Example: Germany
Mechanism
Authority
Composition and mandate
Focal point
•
Federal Ministry for
Labour and Social
Affairs
Sub-focal points in
the 16 Länder
•
•
•
Liaises with the 16 Länder on
implementation
Working group regularly consults with
OPDs
Coordination
mechanism
•
Federal Government
Commissioner for
Matters relating to
Persons with
Disabilities
•
•
•
•
Staff of 13
Raises awareness of the Convention
Advises the Federal Government
Facilitates cooperation between Ministries
and OPDs
Advisory body
(not required
by the
Convention)
•
The Inclusion
Committee
•
Comprises one Federal Commissioner,
one State Commissioner, independent
experts and 10 OPD representatives
Staff of two
Promotes the Convention
Makes recommendations to the
Government
Coordinates 4 thematic working groups
•
•
•
•
Example: Spain
Mechanism
Authority
Composition and mandate
Focal point
•
Directorate-General
for the Coordination of
Sectoral Policies on
Disability/Ministry of
Health, Social
Services and Equality
•
•
•
•
Comprises 46 staff
Responsible for disability policies
Coordinates between ministries
Coordinates between central
Government and autonomous
communities
Coordination
mechanism
•
National Disability
Council
•
Comprises 40 members from the
focal point: president, three vicepresidents, 16 representatives of
12 other ministries, 16 OPD
representatives, 4 experts
Coordinates policies
Facilitates cooperation between
ministries and OPDs
•
•
National independent mechanisms
States Parties shall …
… maintain, strengthen, designate or establish …
a framework, including one or more
independent mechanisms …
… to promote, protect and monitor
implementation of the … Convention
… take into account the principles relating to the
status and functioning of national institutions
for protection and promotion of human rights.
Art. 33 (2)
Establishing the framework
 Maintain, strengthen, designate or
establish?
 Mechanism or mechanisms?
 Paris Principles-compliant?
• Independent
• Plural
 Accessible?
Functions
National independent framework
Promotion
 Awarenessraising
 Advocacy
 Ratification
promotion
 Education
 Training
 Advice to
Government
Protection
 Individual
complaints
 Amicus in
litigation
 Combatting
discrimination
 Use of media,
parliament
Monitoring
 Public inquiries
 Studies and
surveys
 Law reviews
 Annual reports
 Alternative
reports to
Committee
Parliaments
 Parliamentary committees
 Commissions of inquiry
 Direct questioning of ministers
 Scrutiny of executive appointments
 Oversight over non-governmental public
agencies
 Budgetary scrutiny and financial control
Courts and tribunals




Protect rights
Provide an enforceable remedy
Interpret and apply the Convention nationally
Complement the work of article 33
mechanisms
 Identify problem areas related to the
implementation of the Convention
 Trigger law reform
 Prevent similar problems in the future
Participation of civil society
Civil society, in particular persons with disabilities
and their representative organizations, shall be
involved and participate fully in the monitoring
process.
Art. 33 (3)
Sources
 Convention on the Rights of Persons with Disabilities;
 A/HRC/10/48
 From Exclusion to Equality: Realizing the Rights of
Persons with Disabilities—Handbook for
Parliamentarians on the Convention on the Rights
of Persons with Disabilities and its Optional
Protocol (HR/PUB/07/6)