National implementation and monitoring frameworks

1. National implementation and monitoring frameworks Module 6

2. Objective Module flow • 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

3. Relevant actors Parliament Courts & tribunals

4. 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)

5. Possible functions What are the possible functions of focal points and coordination mechanisms?

6. Example: Germany

7. Example: Spain

8. 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)

9. Establishing the framework • Maintain, strengthen, designate or establish? • Mechanism or mechanisms? • Paris Principles-compliant? • Independent • Plural • Accessible?

10. 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

11. 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

12. 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

13. 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)

14. 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)