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 Implementation and monitoring of the Convention
Focal points Coordination mechanism
National monitoring framework
Civil society, PWDs & OPDs, media, academics
Courts & tribunals
Parliament
Slide 4
The purpose of this slide is to outline the various mechanisms that can have a role in national implementation and monitoring.
While the Convention refers explicitly to three mechanisms – focal points, coordination mechanisms and independent monitoring mechanisms/frameworks – other mechanisms can also help to implement and monitor. Parliament, Courts, civil society are examples.

4. Focal points and coordination 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 Mechanism Authority Composition and mandate
Focal point
Federal Ministry for Labour and Social Affairs
Sub-focal points in the 16 Länder
Liaises with the 16 Länder on implementation
Working group regularly consults with OPDs
Coordination mechanism
Federal Government Commissioner for Matters relating to Persons with Disabilities
Staff of 13
Raises awareness of the Convention
Advises the Federal Government
Facilitates cooperation between Ministries and OPDs
Advisory body (not required by the Convention)
The Inclusion Committee
Comprises one Federal Commissioner, one State Commissioner, independent experts and 10 OPD representatives
Staff of two
Promotes the Convention
Makes recommendations to the Government
Coordinates 4 thematic working groups

7. Example: Spain Mechanism Authority Composition and mandate Focal point
Directorate-General for the Coordination of Sectoral Policies on Disability/Ministry of Health, Social Services and Equality
Comprises 46 staff
Responsible for disability policies
Coordinates between ministries
Coordinates between central Government and autonomous communities
Coordination mechanism
National Disability Council
Comprises 40 members from the focal point: president, three vice-presidents, 16 representatives of 12 other ministries, 16 OPD representatives, 4 experts
Coordinates policies
Facilitates cooperation between ministries and OPDs

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. National independent framework
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)