Alternative reporting to the Committee on the Rights of Persons with Disabilities Module 7.2

Objectives Module flow Understand the purpose and content of alternative reports to the Committee Understand the process of drafting and submitting alternative reports Civil society/NHRIs and the Committee What is an alternative report? Structure of the report Methodology Data collection Content of the report Tips for recommendations Submitting the report to the Committee Follow-up

The reporting cycle Civil society Civil society NHRI NHRI STATE submits report COMMITTEE’s follow-up COMMITTEE list of issues STATE implements recommendations STATE submits answers COMMITTEE’s concluding observations COMMITTEE’S SESSION Civil society NHRI

What is an alternative report? The main objective of this report is to offer complementary information to that provided by the Government for the [Committee on the Rights of Persons with Disabilities] in order to offer some concluding observations to help towards the better implementation of the Convention Alternative Report Spain 2010 - CERMI

Methodology BUILD A COALITION INITIAL REVIEW OF KEY ISSUES LEGAL ANALYSIS DATA COLLECTION ANALYSIS AND IDENTIFICATION OF RECOMMENDATIONS REVIEW BY CONSTITUENCIES AND FINALIZATION

Data collection Laws and policies Secondary materials: Statistical institute Ministries United Nations and World Bank National human rights institutions Academic sources Complaint such as court cases, complaints to the ombudspersons Primary research Quantitative – household surveys Qualitative – interviews with rights-holders, expert advice

Example: non-discrimination The Committee’s reporting guidelines request information on: Ability of persons to use the law for protection against discrimination Effective measures to guarantee legal protection Policies and programmes to achieve de facto equality

Example: non-discrimination The Spanish Government responded: Legislation ensures full compliance with article 5 However, some legislation might need to be reviewed in the light of the Convention Effective supervisory and sanctions mechanisms are in place

Example: non-discrimination The Spanish alternative report stated: Legislation is not in compliance with the Convention requirement of 33 per cent disability Supervisory and sanctions mechanisms are ineffective No data available No action on 10 complaints submitted No regional coverage Procedure is slow

Tips for recommendations Be clear Only one action per recommendation Identify responsible actors Make recommendations measurable if possible Propose a time frame for implementation where relevant Link the recommendation with a particular implementation challenge Avoid vague or general recommendations

Example: recommendation on non-discrimination The Committee recommends that the State party systematize the collection, analysis and dissemination of data, disaggregated by sex, age and disability; enhance capacity-building in this regard; and develop gender-sensitive indicators to support legislative developments, policymaking and institutional strengthening for monitoring and reporting on progress made with regard to the implementation of the various provisions of the Convention.

Structure of the report Executive summary Table of contents Description of the methodology Background information Key issues: Definitions, general principles and obligations Substantive rights Rights of women, girls and boys Specific obligations Recommendations

Submitting the report to the Committee When? With the State report Before the list of issues Before the constructive dialogue Meeting the Committee? The session prior to the constructive dialogue At the session How? crpd@ohchr.org

Follow-up Issue a press release Hold a press conference Continue the alternative report coalition Meet ministry staff Meet parliamentarians Meet United Nations country teams Hold a national conference Hold workshops on specific issues Assist in implementation Monitor and report on implementation

Sources Convention on the Rights of Persons with Disabilities Committee’s reporting guidelines (CRDP/C/2/3) “Human rights and disability: alternative report Spain 2010”. Available from www.cermi.es Initial report of Spain (CRPD/C/ESP/1), www.ohchr.org/EN/HRBodies/CRPD/Pages/Session6.aspx (accessed 9 August 2012)