Segments 6 and 7: Process of implementation and monitoring

*Essential reading materials

*CRPD Articles 4, 8, 31-33, 34-39, 40, Optional Protocol

*OHCHR 2009 Thematic Study on key legal measures for ratification and implementation of CRPD (not necessary to read in full, but read general section and as much as you wish on specific articles)

*International law and national frameworks, especially 1.7  ‘International law and municipal law interface’ – in Compilation of International Norms and Standards Relating to Disability.  **Note, this reading is pre-CRPD and other parts of Compilation are outdated.**

*One or more of these on shadow reporting:

10 Steps to Writing Shadow Report (this is USA-based and focused on ICCPR, take as example and modify accordingly)

IDA 2010 Guide to Shadow Reporting (especially section 3 on Reporting Process – lengthy document, and biased in favor of joint comprehensive report by DPO coalition – user/survivor organizations usually contribute to joint report and also submit their own)

Using shadow reports for advocacy (online discussion in 2009 hosted by Regional Centre for Minorities, useful re pros and cons)

 

CRPD Committee additional materials

Guidelines on periodic reporting, including under the simplified reporting procedure

CRPD Guidance Note on Constructive Dialogue with HR Treaty Bodies

Guidelines for the participation of Disabled Persons Organizations (DPOs) and Civil Society Organizations (CSOs)in the work of the Committee

Communications and Inquiry Procedure  (general information on the communications/complaint and inquiry procedures under Optional Protocol)

Recent Jurisprudence and Pending Cases (cases under Optional Protocol)

 

More on interface between domestic law and international law

Venice Commission Report on Implementation of International Human Rights Treaties in Domestic Law and the Role of Courts

Christine Cerna, Status of Human Rights Treaties in Mexican Domestic Law 

 

Example of Urgent Appeal by UN Special Procedures, case of forced psychiatry in Norway

 

Lecture #6 Recording   Power point segment 6 rev and pdf segment 6 rev

Lecture #7 Recording   Power point segment 7 presentation and pdf segment 7 presentation

 

Activities/assignment options for segments 6 and 7.  **There are three options; you only need to do one, as they require some additional research and take more time than previous assignments.**

1. Ratification and enforcement of CRPD

Using internet search engines or other sources of information, find the following information as best you can and report on it in up to 3 pages.

1) If you have not already done so, find out if your country has ratified CRPD, and its Optional Protocol (follow links in segment #1), and if so, if it has made any reservations or declarations.  Comment if you wish on what you find.

2) See what you can find out about how your country views human rights treaties in relation to its national law.   If your country has ratified CRPD, see what you can find out about the status CRPD in particular, in national law.  (Some countries distinguish between different treaties, as to whether and how they are applied in domestic courts.)  You do not need to do extensive research, but see what you can find that is understandable.  Discuss what you have found in terms of how easy or difficult it may be to enforce individuals’ rights through litigation.

3) See if you can find out whether your country has a national human rights institution  and/or has designated one or more national monitoring mechanisms under CRPD Article 33.2 and, if so, what are the powers of these institutions.  Is information available on their activities related to CRPD and/or the human rights of persons with disabilities?   Evaluate their potential to contribute meaningfully to promotion of CRPD implementation and enforcement.

2. National implementation 

Please use your own country or another country as an example in this exercise.

1) Has the country designated one or more focal point(s) for implementation (see Article 33.1)?  Please identify them and comment on any factors that make them more or less effective in this role, such as mandate/power, guiding paradigms, accessibility to civil society.

2) Does the country have a mechanism to involve DPOs in all phases of lawmaking and policymaking on issues of concern to them (see Articles 4.3 and 33.3)?  Are organizations of people with psychosocial disabilities/ users and survivors of psychiatry included and able to participate effectively?

3) Choose one or two of the articles of the CRPD (either one/s we have not studied yet, or taking a new angle on ones we have), and investigate the following:

Has the country taken action, before and/or after ratification, to implement these articles into domestic law, policy and practice?

What kinds of actions and strategies could promote or strengthen implementation into law, policy and practice?  What should different branches of government do?  What can civil society to advocate and enforce implementation?  What can civil society do directly to promote inclusive communities and change practices of various actors?

3. International monitoring and civil society

Please use your own country or another country as an example in this exercise.

If the country has ratified CRPD, see if you can find out where it is in the reviewing cycle – e.g. has it come up for review, received of list of issues, on calendar, not yet on calendar, received list of issues prior to reporting for second round? (See Sessions page).

For countries that have already been reviewed or in progress, research how any of the issues dealt with in this course are addressed: in the country report, list of issues, response to list of issues, civil society submissions, concluding observations, whatever is available.  Evaluate how the issue is presented and addressed in the materials found.

In addition, from your own knowledge and experience, reflect on how the reporting process can contribute to implementation and enforcement on the issue you have chosen.  (Consider the role of civil society and anything else relevant.)

(c) Tina Minkowitz 2017