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Article 33 [National Implementation and Monitoring]

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The United Nations Convention on the Rights of Persons with Disabilities

Abstract

The CRPD details all human rights of persons with disabilities and the procedures for monitoring its implementation. Article 33 regulates the implementation and the national monitoring system of the Convention. In particular, Contracting Parties have the obligation to designate focal points, to establish or designate a coordination mechanism and finally to establish one or more national independent mechanisms. The provision constitutes one of the main novelties introduced by the Convention. Another noterworthy feature of the Article 33 is that States parties, when creating such national independent mechanism, must have into account the Paris Principles relating to the status and functioning of national institutions for protection and promotion of human rights.

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Notes

  1. 1.

    The attention of the UN in the field of disability is well known. Until the adoption of the CRPD, this interest has been expressed, in particular, through specific resolutions and declarations (non-binding instruments) adopted by the principal organ of the mentioned international organization. On this point, see, among others, Saulle (1981); Saulle (2003), pp. 395–405.

  2. 2.

    See Report of the Chairman, Sixth Session of the Ad hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities, available at http://www.un.org/esa/socdev/enable/rights/ahcstata33ss.htm. Accessed March 22, 2015.

  3. 3.

    On the subject of monitoring, see also the position of the UN High Commissioner for Human Rights. During the travaux préparatoires, the High Commissioner has “encouraged all delegates to ensure […]” that the CRPD “[…] strongly reflects the need for strong protection machinery at the national level” (emphasis added). For details, see Ad hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities, Daily Summary of discussion at the Seventh Session, January 27, 2006, available at http://www.un.org/esa/socdev/enable/rights/ahc7sum27jan.htm. Accessed March 22, 2015.

  4. 4.

    See Optional Protocol to the Convention on the Rights of Persons with Disabilities, in this Commentary.

  5. 5.

    See Working Methods of the CRPD Committee adopted at its fifth session (April 11–15, 2011), CRPD/C/5/4.

  6. 6.

    For an extensive analysis of the Article 33, see, among others, De Beco (2011), Astorga Gatjens (2011), and De Beco (2013).

  7. 7.

    See Human Rights Council (2009).

  8. 8.

    On the contrary, this practice is common in others treaties and in particular within the international environmental treaties. For more details on this practice, see Lord and Stein (2008), p. 463.

  9. 9.

    See Resolution 57/199, January 9, 2003.

  10. 10.

    See De Beco (2011), p. 100.

  11. 11.

    See, for instance, the position of United States, South Africa and Indonesia.

  12. 12.

    See, Ad hoc Committee on a Comprehensive and Integral International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities, Daily Summary of discussion at the Seventh Session, January 27, 2006, cit.

  13. 13.

    Ibid.

  14. 14.

    See Summary of Amnesty International’s recommendations, Sixth Session of the Ad Hoc Committee, http://www.un.org/esa/socdev/enable/rights/ahcstata33sscomments.htm#aa. Accessed March 29, 2015. According to Amnesty International, “The Convention should make specific reference to the main tasks of the government focal point. These include: (1) to facilitate coordination across different ministerial departments as well as local, regional or federal authorities as applicable; (2) to ensure or coordinate the collection of data and statistics as required for effective policy programming and evaluation of implementation; (3) to cooperate with civil society and organizations representing persons with disabilities as well as national institutions; (4) to cooperate with the international monitoring mechanism—particularly in connection with periodic reporting, follow up and implementation of recommendations emanating from the international mechanism; (5) to undertake or coordinate government activities in the area of awareness-raising, educating the general public, training and capacity-building.”

  15. 15.

    See Human Rights Council (2009), p. 7.

  16. 16.

    Ibid.

  17. 17.

    See United Nations, Office of the High Commissioner for Human Rights, Inter-Parliamentary Union (2007).

  18. 18.

    See UNGA Resolution 48/96, December 20, 1993, Rule 17. Unlike the CRPD, the Standard Rules are not legally binding. For an overview of the Standard Rules, see in particular Saulle (1998).

  19. 19.

    See Human Rights Council (2009), p. 6.

  20. 20.

    See Quinn (2009), pp. 247–248. In the Working Group draft text relating to national implementation framework, there was no mention of any independent mechanism. It stated that “States Parties shall designate a focal point within Government for matters relating to the implementation of the present Convention, and give due consideration to the establishment or designation of a coordination mechanism to facilitate related action in different sectors and at different levels. States Parties shall, in accordance with their legal and administrative system, maintain, strengthen, designate or establish at the national level a framework to promote, protect and monitor implementation of the rights recognized in the present Convention.”

  21. 21.

    On this point, see remarks by De Beco (2011), p. 97.

  22. 22.

    See Human Rights Council (2009), p. 9.

  23. 23.

    See Resolution 48/134, December 20, 1993.

  24. 24.

    These principles were in fact drafted at the international workshop on national human rights institutions organized by the UN in Paris in 1991. For an extensive analysis of the Paris Principles, see in particular De Beco and Murray (2015).

  25. 25.

    Pohjiolainem (2006), p. 6. On the NHRIs see also Decaux (2001); Ramcharan (2005); Murray (2010).

  26. 26.

    Among the most recent resolutions of the UNGA, see Resolution 66/169, April 11, 2012 and Resolution 68/171, January 23, 2014.

  27. 27.

    See, for instance, Resolution 27/18, October 7, 2014; Resolution 23/17, June 24, 2013.

  28. 28.

    The same UNGA and the human rights treaty bodies have repeatedly called for the establishment of the national human rights institutions. Among the most recent resolutions of the UNGA, see Resolution 64/161, March 12, 2010; Resolution 65/207, March 30, 2011; Resolution 66/169, April 11, 2012; Resolution 67/163, March 7, 2013 and Resolution 68/171, January 23, 2014.

  29. 29.

    Data available on the website nhri.ohchr.org. Accessed March 29, 2015.

  30. 30.

    De Beco (2011), p. 93.

  31. 31.

    See, e.g., CRPD Committee, Concluding Observations on the initial report of Hungary, CRPD/C/HUN/CO/1, para. 52, and Paraguay, CRPD/C/PRY/CO/1, para. 75.

  32. 32.

    See De Beco (2011), p. 94.

  33. 33.

    See International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC), Canadian Human Rights Commission (2011), p. 4.

  34. 34.

    See Human Rights Council (2009), p. 11.

  35. 35.

    For a first statistical overview of the implementation of Article 33, para. 2, see International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC), Canadian Human Rights Commission (2011). For a comparative implementation of the provision, see also De Beco (2013).

  36. 36.

    See Article 38 [Relationship of the Committee with Other Bodies] in this Commentary.

  37. 37.

    See CRPD/C/1, June 5, 2014.

  38. 38.

    Emphasis added.

  39. 39.

    On that regard, for instance, one can mention the United Nations Millennium Declaration, adopted on September 8, 2000 (UN doc. A/RES/55/2), and the Report of the Panel of Eminent Persons on United Nations (known as Cardoso Report), dated June 11, 2004 (UN doc. A/58/817). For a review of the relations between the UN and civil society, see generally Tramontana (2013).

  40. 40.

    As it is known, the term “civil society” is broad. Although it is often identified with the NGOs, in reality such term is intended to refer to a plurality of subjects. As articulated by some authors, “[c]ivil society covers a broad spectrum of actors, such as churches or religious and spiritual organizations, legal and professional associations, trade unions, or specific groups such as indigenous people. It also extends to social movements, such as campaigns against globalization, that may vary in the level of their institutionalization.” See Staberock (2011).

  41. 41.

    Woodburn (2013), p. 81.

  42. 42.

    Ibid.

  43. 43.

    According to para. (o) of the Preamble, “[…] persons with disabilities should have the opportunity to be actively involved in decision-making processes about policies and programmes, including those directly concerning them.”

  44. 44.

    See Rule 18.

  45. 45.

    See CRPD Committee, Concluding Observations on the initial report of Costa Rica, CRPD/C/CRI/CO/1, para. 66.

  46. 46.

    See CRPD Committee, Concluding Observations on the initial report of Paraguay, cit., para. 76.

  47. 47.

    See CRPD Committee, Concluding Observations on the initial report of Peru, CRPD/C/PER/CO/1, para. 49.

  48. 48.

    O.J. L 23, January 27, 2010.

  49. 49.

    On the implementation of Article 33 in the EU, see generally Waddington (2011).

  50. 50.

    O.J. L 340, 15.12.2010.

  51. 51.

    See, for more, details European Commission, Report on the implementation of the UN Convention on the Rights of Persons with Disabilities (CRPD) by the European Union. SWD (2014) 182 final, pp. 48–50.

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  1. Department of Political Sciences, Sapienza University of Rome, Rome, Italy

    Luigino Manca

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  1. Institute for International Legal Studies, National Research Council (CNR), Rome, Italy

    Valentina Della Fina

  2. Institute for International Legal Studies, National Research Council (CNR), Rome, Italy

    Rachele Cera

  3. Institute for International Legal Studies, National Research Council (CNR), Rome, Italy

    Giuseppe Palmisano

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Manca, L. (2017). Article 33 [National Implementation and Monitoring]. In: Della Fina, V., Cera, R., Palmisano, G. (eds) The United Nations Convention on the Rights of Persons with Disabilities. Springer, Cham. https://doi.org/10.1007/978-3-319-43790-3_37

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