UNCRPD
Catherine Casserley
Cloisters
cc@cloisters.com
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UNCRPD
Background
Unprecedented treaty
Negotiated in two years
Involvement of disabled people
Ratified by EU
Monitoring mechanisms built in
UK signed up to the Optional
Protocol
UNCRPD
Principles
• Respect for the inherent dignity, autonomy, including
the freedom to make decisions, and independence;
• Non-discrimination;
• Full and effective participation and inclusion in
society;
• Respect for difference and acceptance of persons
with disabilities as part of human diversity and
humanity;
• Equality of opportunity;
• Accessibility;
• Equality between men and women; and
• Respect for the evolving capacities of children w
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UNCRPD
Convention Rights
Equality before the law without discrimination
Right to life, liberty and security of the person
Equal recognition before the law and legal capacity
Freedom from torture
Freedom from exploitation, violence and abuse
Right to respect physical and mental integrity
Freedom of movement and nationality
Right to live in the community
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UNCRPD
Convention Rights
Freedom of expression and opinion
Respect for privacy
Respect for home and the family
Right to education
Right to health
Right to work
Right to an adequate standard of living
Right to participate in political and public life
Right to participate in cultural life
UNCRPD
UK Reservations
• Article 18 – immigration (retain
ability to refuse entry on e.g. health
grounds)
• Article 24 – education (special
schools – integration)
• Article 27 – work/employment:
(armed forces)
UNCRPD
Optional Protocol
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Admissibility
OP ratified
Within scope? Any reservations?
Within correct time-frame?
Within state’s jurisdiction?
Consent obtained if acting on behalf of
victim?
UNCRPD
Option Protocol
• Abuse of the right of submission?
• Has the complaint been examined by another
international/regional complaints mechanism?
• All effective remedies exhausted?
• If not, exception applies?
UNCRPD
Optional Protocol
• Making a complaint
• Information concerning the author(s) of the
communication
• Information concerning the alleged victim(s)
• Information on the State party concerned
• Subject matter of the communication
• Nature of the alleged violation(s)
UNCPRD
Optional
Protocol
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Steps taken to exhaust domestic remedies
Other international procedures
Specific requests/remedies
Date, place and signature
List of documents attached
Address for submission of the communication
Decisions of
the Committee
• HM v Sweden CRPD/C/7/D/3/2011
• Kenneth McAlpine v the UK
Communication No. 6/2011
UNCRPD
Committee
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States reports
Within two years of ratification
4 years thereafter
Parallel reports
Use of the
UNCRPD
• Policy/campaigning – standards which
public authorities should be meeting
• Litigation – aid to interpretation (e.g. R
(on the application of South West Care
Homes Ltd and Others) v Devon County
Council and EHRC Intervening [2012]
EWHC 2967 (Admin)
• Complaints under the Optional protocol
mechanism
• Shadow reporting
Top Tips
• familiarise yourselves with the
Convention and its articles if you haven't
already done so;
• Use in lobbying local authorities and in
consultation responses; can also be
used in Human Rights Act arguments
and with the equality duties
• where domestic remedies exhausted/no
remedy available, think about using the
optional protocol
UNCRPD
QUESTIONS/
DISCUSSION