State Reporting to the Committee on the Rights of Persons with Disabilities

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State Reporting to the Committee
on the Rights of Persons with
Disabilities
Module 7.1
Objectives
 Understand the
purpose and content
of State reports to
the Committee on
the Rights of
Persons with
Disabilities
 Understand the
process of drafting
and submitting
reports
Module flow
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What is the Committee
The reporting requirement
The treaty body reporting cycle
Methodology
Reporting guidelines
List of issues
The Committee session
Concluding observations
Follow-up
Functions of reporting
The Committee on the Rights of
Persons with Disabilities
The Committee
Administration
Reporting
Thematic work
Optional Protocol
The reporting requirement
Each State Party shall submit to the Committee, through
the Secretary-General of the United Nations, a
comprehensive report on measures taken to give effect
to its obligations under the present Convention and on the
progress made in that regard, within two years after the
entry into force of the present Convention for the State
Party concerned.
Thereafter, States Parties shall submit subsequent
reports at least every four years and further whenever
the Committee so requests.
Art. 35 (1)‒(2)
The treaty bodies’ reporting cycle
STATE
submits report
COMMITTEE’s
follow-up
COMMITTEE
list of issues
STATE
implements
recommendations
STATE
submits answers
COMMITTEE’S
SESSION
State presents the
report and respond
to the Committee’s
questions
COMMITTEE’s
concluding
observations
Methodology
FOCAL POINT/COORDINATION MECHANISM SETS UP REPORTING GROUP
INITIAL REVIEW OF KEY ISSUES
LEGAL ANALYSIS
DATA COLLECTION
ANALYSIS AND PREPARATION OF THE DRAFT REPORT
CONSULTATION WITHIN AND WITHOUT GOVERNMENT AND FINALIZATION
Reporting guidelines
The purpose of reporting guidelines is to advise States
parties on the form and content of their reports, so as
to facilitate the preparation of reports and ensure that
these are comprehensive and presented in a uniform
manner by States parties. Compliance with the
reporting guidelines will also reduce the need for the
Committee to request further information…
CRPD/C/2/3, para. 2
Example: political rights
The reporting guidelines request information on
article 29 (political rights) as follows:
 Legislation and measures taken to guarantee
political rights, in particular to persons with
psychosocial or intellectual disability
 Measures taken to ensure the right to vote
 Measures taken to ensure full accessibility of voting
 Indicators measuring full enjoyment of the right to
vote
 Support provided for the establishment and
maintenance of OPDs
Example: political rights in Peru
The Government of Peru responded:
 Act 29478 of 2009 provides the necessary legal
framework
 National election cards are provided free to persons
with disabilities, subject to eligibility
 Polling booths and ballot papers are accessible
 10,758 out of 38,305 registered persons with
disabilities exercised their right to vote (2004‒2007)
 Registration of 310 NGOs working in the area of
disabilities enables them to access international
cooperation funding and undertake other activities
The list of issues: Tunisia
The report provided no information on the prevention of violence against children.
Initial report of Tunisia
Please explain the specific measures provided for in the Child Protection Code to
protect children with disabilities. How are cases of violence against children with
disabilities dealt with?
Committee’s list of issues to Tunisia
In this regard we should like to mention that the Child Protection Code promulgated
by Act No. 92 of 9 November 1995 guarantees children in general and children with
disabilities in particular freedom from various forms of exploitation, violence and
abuse. Under the said Code, sexual or economic exploitation and habitual
mistreatment of children are considered as difficult situations that require swift
intervention by both child protection officers and family judges in order to protect
children.
Tunisia’s response to the Committee
Concluding observations: Tunisia
The Committee is particularly concerned at the low rate of reporting of cases of
habitual mistreatment of children, including children with disabilities, which may
amount to situations of danger, in view of the results of the Multiple Indicator Cluster
Survey […].
The Committee recommends:
(a) Evaluate the phenomenon of violence against boys and girls with
disabilities, and compile systematic disaggregated data […];
(b) Ensure that institutions providing care for children with disabilities are
staffed with specially trained personnel, subject to appropriate standards, regularly
monitored and evaluated, and establish complaint procedures accessible to children
with disabilities;
(c) Establish independent follow-up mechanisms;
(d) Take steps to replace institutional care for boys and girls with disabilities
with community-based care.
CRPD/C/TUN/CO/1, paras. 16–17
Implementation of recommendations
 Issue a press release and hold a press
conference
 Publish the concluding observations and
recommendations
 Circulate them to all relevant ministries
and departments
 Meet with civil society
 Hold a round table
 Establish a time-bound implementation
plan
 Seek United Nations assistance
 Other …
Functions of reporting
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Reviewing implementation
Identifying strengths and weaknesses
Seeking international expert assistance
Improving data collection and analysis
Improving knowledge on the Convention
Strengthening coordination in
Government
 Strengthening dialogue with civil society
organizations and NHRIs
 Sharing experience internationally
 Other … ?
Sources
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Convention on the Rights of Persons with Disabilities;
Reporting guidelines (CRDP/C/2/3);
Initial report of Peru
List of issues, Tunisia
Concluding observations, Tunisia
www.ohchr.org/EN/HRBodies/CRPD/Pages/Sessions.a
spx (accessed 10 August 2012)
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