Abstract
In order to endorse the implementation of the CRPD and promote the international cooperation in the field of disability, Article 38 stimulates an interaction between the CRPD Committee and other organs, including other bodies of the UN system, specialized agencies, and other treaty bodies.
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Notes
- 1.
Through Article 38, para. (a), also DPOs and NGOs are permitted to participate in the work of the CRPD Committee (see the Committee’s Working Methods, CRPD/C/5/4, September 2, 2011, paras. 41–42). See also Wallas and Palacios (2006), p. 161.
- 2.
At the request of States Parties, UN bodies can assist them to meet their obligations in relation to the periodic reporting process and follow-up on the CRPD Committee’s recommendations.
- 3.
In order to strengthen the cooperation with the UN organs, the CRPD Committee periodically organizes several meetings with the UN specialized agencies to discuss, e.g., matters related to the accessibility of the UN Office in Geneva to persons with disabilities, the coordination of the mandate of the Special Envoy of the Secretary-General on Disability and Accessibility with that of the Committee, the right to education of disabled persons, the interaction between the CRC and the CRPD, and other issues. See the Report of the CRPD Committee on its twelfth session (15 September–3 October 2014), CRPD/C/12/2, November 5, 2014, paras. 16–21.
- 4.
Stein and Lord (2009), pp. 30–31.
- 5.
The Rules of Procedure of the CRPD Committee reconfirm the content of Article 38 adding that the Committee may permit representatives of the specialized agencies and other UN organs to make oral or written statements to the Committee and to provide appropriate and relevant information to the Committee’s activities under the Convention (Rule 49). See CRPD Committee, Rules of Procedure, CRPD/C/1, adopted on 5 June 2014. https://documents-dds-ny.un.org/doc/UNDOC/GEN/G14/042/41/PDF/G1404241.pdf?OpenElement. Accessed July 30, 2015.
- 6.
See Schulze (2009), p. 127.
- 7.
See Verheyde and Goedertier (2006), pp. 27–30.
- 8.
UN Doc., UNGA, Convention on the Rights of Persons with Disabilities and the Optional Protocol thereto, A/RES/62/170, adopted on December 18, 2007, paras. 4–5.
- 9.
UN Doc., UNGA, Realizing the Millennium Development Goals for persons with disabilities, A/RES/64/131, adopted on December 18, 2009, paras. 2–5.
- 10.
UN Doc., UNGA, Realizing the Millennium Development Goals for persons with disabilities towards 2015 and beyond, A/RES/65/186, adopted on December 21, 2010, http://www.un.org/disabilities/documents/gadocs/a_res_69_142e.pdf. Accessed May, 26 2015.
- 11.
HRC, Special Rapporteur on the rights of persons with disabilities, A/HRC/RES/26/20, June 27, 2014, para. (f). See also Working Methods of the CRPD Committee adopted at its fifth session (11–15 April 2011), CRPD/C/5/4, September 2, 2011, paras. 67–76.
- 12.
See McInerney (2015).
- 13.
On the scope of this provision, see Article 32 [International Cooperation] in this Commentary.
- 14.
The UNPRPD has been launched by OHCHR, UNDESA, UNDP, UNCEF, ILO , and WHO. All the UN organizations can join the UNPRPD, as well as international and regional organizations and financial institutions.
- 15.
See UNPRD and Multi-Donor Trust Fund, Terms of reference, at mdtf.undp.org/document/download/7975. Accessed on May 30, 2015.
- 16.
See, UN Doc., UNGA, The future we want, A/RES/66/288, adopted on July 27, 2012, para. 245. http://www.un.org/en/ga/search/view_doc.asp?symbol=%20A/RES/66/288. Accessed March 16, 2015.
- 17.
The SDG have been adopted by the UN Summit of September 2015, see the outcome document titled “Transforming our world: the 2030 Agenda for Sustainable Development” (UNGA resolution 70/1 of September 25, 2015). In line with the draft proposal on the SDGs , in the outcome document disability is mentioned in the Goals 4, 8, 10, 11, and 17.
- 18.
UN Doc., OHCHR, Committee on the Rights of Persons with Disabilities, Statement on sustainable development goals addressed to the eighth session of the Open Working Group on Sustainable Development Goals, January 2014, http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14211&LangID=E. Accessed May 28, 2015.
- 19.
The CEB brings together, on a regular basis, 29 executive heads of the UN system, including funds and programs, specialized agencies, the WTO, and the IAEA, under the chairmanship of the UN Secretary General. The Board provides broad guidance, coordination, and strategic direction for the UN system as a whole in the areas under the responsibility of the executive heads. CEB’s activity focuses on interagency priorities and initiatives maintaining the independent mandates of the involved organizations.
- 20.
UN Doc., UNGA, Convention on the Rights of Persons with Disabilities and the Optional Protocol thereto, A/RES/64/154, adopted on December 18, 2009.
- 21.
See HRC, Thematic study by the Office of the United Nations High Commissioner for Human Rights on the role of international cooperation in support of national efforts for the realization of the rights of persons with disabilities, A/HRC/16/38, December 20, 2010. http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session19/A-HRC-19-36_en.pdf Accessed May 4, 2015.
- 22.
On UNDG , see http://www2.ohchr.org/english/issues/disability/docs/GuidanceNoteJuly2010.pdf. Accessed May 4, 2015.
- 23.
See FAO’s input to the proposal of the Ad Hoc Committee on a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities. http://www.un.org/esa/socdev/enable/rights/uncontrib-fao.htm. Accessed May 3, 2015.
- 24.
FAO, Note prepared for the Eighth Session of the Ad Hoc Committee on a Comprehensive and Integral International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities, New York, August 14–25, 2006, http://www.un.org/esa/socdev/enable/rights/ahc8docs/ahc8fao1.pdf. Accessed February 25, 2015.
- 25.
See Hanko (2001).
- 26.
WHO, The World Bank (2011).
- 27.
On the MSD, see at http://www.who.int/disabilities/data/mds_v2.pdf?ua=1. Accessed February 25, 2015.
- 28.
See WHO, The World Bank (2011), pp. 21–24. See also Article 31 [Statistics and Data Collection] in this Commentary.
- 29.
See the document at http://apps.who.int/gb/ebwha/pdf_files/WHA67/A67_R7-en.pdf. Accessed February 25, 2015.
- 30.
For the comprehensive text to the Action Plan, see http://apps.who.int/gb/ebwha/pdf_files/WHA67/A67_16-en.pdf. Accessed February 25, 2015.
- 31.
The adoption by the General Conference of this Recommendation at the same time as the Convention against discrimination in education is due to the fact that some Member States could have some difficulties in ratifying the Convention because of their federal structure. Apart from the inherent differences in wording and legal scope of these two categories of acts, the Recommendation is identical in content to the Convention.
- 32.
See Article 24 [Education] in this Commentary.
- 33.
- 34.
See UNESCO (2009).
- 35.
The Global Partnership on Children with Disabilities (GPCWD) comprises over 240 organizations, including international, national, and local NGOs, DPOs, governments, universities, and private sector enterprises, working to advance the rights of children with disabilities.
- 36.
- 37.
The fight against poverty and social exclusion was one of the objectives of both the World Summit on Social Development held in 1995 and of the 24th Special Session of the UNGA of 2000, which called upon the ILO to develop a coherent and coordinated international strategy for the promotion of freely chosen productive employment. The Global Employment Agenda was developed by the ILO through tripartite consensus of its Governing Body’s Employment and Social Policy Committee. Since its adoption in 2003, it has been further articulated and made more operational. Today it constitutes the basic framework through which the ILO pursues the objective of placing employment at the center of economic and social policies. http://www.ilo.org/gea. Accessed June 13, 2015. On this issue, see ILO (2006).
- 38.
The Declaration was adopted at the 97th Session of the ILO Conference held on June 10, 2008.http://ilo.org/wcmsp5/groups/public/dgreports/cabinet/documents/genericdocument/wcms_371208.pdf. Accessed June 13, 2015.
- 39.
See ILO (2010).
- 40.
- 41.
See ILO (2002).
- 42.
See Article 27 [Work and Employment] in this Commentary.
- 43.
See Broecker (2014).
- 44.
Since 1995, in conformity with UNGA Resolution 49/178 of 1994, the chairpersons of human rights treaty bodies meet annually to discuss their work, consider ways to enhance the effectiveness of the treaty body system, and harmonize the Committees’ methods of work. http://www.ohchr.org/EN/HRBodies/AnnualMeeting/Pages/MeetingChairpersons.aspx. Accessed April 3, 2015. On these aspects, see Bayefsky (2001).
- 45.
See Broecker and O’Flaherty (2014).
- 46.
On the Dublin process, see http://www2.ohchr.org/english/bodies/HRTD/docs/DublinStatement.pdf. Accessed June 8, 2015.
- 47.
General Assembly, Strengthening and enhancing the effective functioning of the human rights treaty body system, A/RES/68/268, adopted on April 9, 2014, http://www.ohchr.org/Documents/HRBodies/TB/HRTD/A-RES-68-268_E.pdf. Accessed May 30, 2015.
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Moscatelli, S. (2017). Article 38 [Relationship of the Committee with Other Bodies]. 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_40
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