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University of New South Wales Sydney Seminar on the CRPD February 2009

University of New South Wales Sydney Seminar on the CRPD February 2009. Gerard Quinn Article 33 – the Engine of the Convention. Jurisprudential Philosophy. Int Law Does not Exist. Int Law Is an End in Itself. Reified An End In itself ‘temptation of elegance’

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University of New South Wales Sydney Seminar on the CRPD February 2009

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  1. University of New South Wales Sydney Seminar on the CRPD February 2009 Gerard Quinn Article 33 – the Engine of the Convention

  2. Jurisprudential Philosophy IntLaw Does not Exist Int Law Is an End in Itself Reified An End In itself ‘temptation of elegance’ Von Jehring’s Legal heaven States Obey when it Suits their interests. Int Law has no autonomous existence Legal Realism. The Inevitable Gap between ‘Law in Books-Law in Action’ ‘Myth System-Operation System’ General Principles don’t solve hard cases

  3. Bridging the Gap??? Internalise/Socialise the norms into the Law & Policy Process. Generating a Reflective Process of alignment ‘Own’ the norms. Motivated to ‘see’ symmetry between national & International Motivated to benchmark to the international Motivated to contribute a Model Not a one-way street Becoming a policy reflex…

  4. Why Bridging the Gap is Especially Important in Disability Field? Political process Reflects the default Diminished voice for PWD makes it hard To dislodge A ‘discrete and insular minority’ Exclusion is Self-Perpetuating John Brown Force the issue Make People Face truth… Expose Contradiction “you have to take sides” Sir William Blackstone “upon marriage woman suffers civil death” Much the same default in disability From subject to object – and back to subject

  5. I see the CRPD as a Reflecting on • The Outputsof a Flawed Policy Process: Bad Laws, Policies, Programmes. • AND The Process that produces those Outputs Primary Value of CRPD Transform the Process that Produces the Outcomes AndChallenge the Outcomes.

  6. SO What Engine of Transformation Does the CRPD Envisage? International Legal Order Committee on the Rts of PWD Conference of States Parties Transmission Belt Domestic Legal Order Domestic Institutional Architecture for Change Government Focal Point Coord Mechan 33.1 National Monitoring Body ‘protect, promote, monitor’ 33.2 Active Consultation with PWD 33.3 Research Supporting Action

  7. Textual Considerations • Article 33 National implementation and monitoring • States Parties, in accordance with their system of organization, • shall designate • one or morefocal 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. Certain Margin of Appreciation It has the Choice – but it must Be exercised Can be a Plurality – no Criteria Given – [authority, effectiveness, link to int law] Drilled down Implementation

  8. 2. States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention. When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights. Certain Margin of Appreciation Independence mandatory 3 Very Different Roles Paris Principles???

  9. Valorise the Paradigm Shift Advocate for Ratification Advocate for No Reservations Mainstream into own work Do so in concert – ICC & European Group Database “Promote” Intervene in Litigation Initiate Litigation Act as amicus curia – European Group Do so in Concert “Protect” Establish Baseline Conduct Studies/Enquiries Track Legislation and Suggest Amendments Come Forward with own Blueprints Do so in concert – Regional Inputs “Monitor”

  10. 3. Civil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process. NGOs Monitor +++Protect +++Promote ++++Art 4.3.

  11. Singular • Committed to • A dynamic of • change • Sufficient • Institutional Clout • Symbolism Important – not • in Welfare/Health • Ministry • Use CRPD as Occasion • For Deep Reflection • Craft own National • Action Plan using CRPD • Develop Policy Learning • Tools/ Stats • Active Listening Mode • Active Consultation • Search for • Mutual ’Solutions’ • Give Back -Participate in Conf of States Critical Success Factors. Government Focal Point(s) National Monitoring Body ‘protect, promote, monitor’ • Genuinely Independent • Robust use of Powers • Promote • Monitor • Protect • Constructive element in • domestic dialectic • Capacity Raising with others • Active Consultation Active Consultation with PWD Develop New Skills ‘Know How’ Political entrepreneurism Tackle Problems = Propose Solutions Research to Action: Solutions Factory, Ideas, Comparative Research

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