Module 6 National implementation and monitoring frameworks

Module 6

National implementation and monitoring frameworks

Identify the main institutional actors with roles in implementing and monitoring the Convention

Understand the main functions of those involved in implementation and monitoring

Main actors Focal points and coordination

mechanisms National independent

mechanisms Parliaments Courts and tribunals Participation of civil society

Objective Module flow

Relevant actors

Implementation and monitoring

of the Convention

Focal points Coordination mechanism

National monitoring framework

Civil society, PWDs &

OPDs, media, academics

ParliamentCourts & tribunals

Focal points andcoordination 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: GermanyMechanism 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 vice-presidents, 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 Protection Monitoring

Awareness-raising

Advocacy Ratification

promotion Education Training Advice to

Government

Individual complaints

Amicus in litigation

Combatting discrimination

Use of media, parliament

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)