Article 33 UN CRPD

Work Forum Preparatory Meeting

14 October, 2010.Brussels.

Article 33 UN CRPD

Work Forum Preparatory Meeting

14 October, 2010.Brussels.

Gerard Quinnwww.nuigalway.ie/cdlp

Article 33 – The Engine of the Convention

1. The Purpose/s of the Engine.1. The Purpose/s of the Engine.

3. 33 – Key Textual Departures Points. 3. 33 – Key Textual Departures Points.

4. Key Challenges in building the engine.4. Key Challenges in building the engine.

Opening the Engine…….Opening the Engine…….

2. 33 Linked Back to General Provisions – the engine in context.2. 33 Linked Back to General Provisions – the engine in context.

33- A Shift away from the Traditional Focus of Int HR Treaties33- A Shift away from the Traditional Focus of Int HR Treaties

1. The Purpose/s of the Engine.1. The Purpose/s of the Engine.

And to Overcome the Traditional Isolation of International Law

Window & Transmission BeltKey Vehicle to Carry the ‘New Paradigm’ of disability into domestic order

International Legal Order

Domestic Legal Order

Committee on the Rts of PWD: 34 Conference of States Parties: 40

By… Imagining a New Domestic Institutional Architecture for Change

National ImplementationFocal Point 33.1Co-ord Mechanism 33.1

National Monitoring ‘protect, promote, monitor’ 33.2

Active Consultation withPWD 33.3

Adding missing ‘Voices’To the process

Research Supporting Action

2. Linked Back to General Provisions – the engine in context.2. Linked Back to General Provisions – the engine in context.

4.3. General Obligation to Consult. Adding Voice to the Entirety of the Process.

31. Develop an evidence base to a Key Tool in the Process. Research, data.

32 (b). Obligation to contribute to capacity-building. You are not alone.

32 (c). Co-operation in research. Share ideas.

4.4. CRPD sets a floor – you can go beyond it.

9.2 & 16.3 also mention ‘monitoring’. Treat as lex specialis.

4.5. All Provisions (which must include 33) apply to all parts of Federal States

Confers a Certain Margin of Appreciation

Gvt has the Choice – but it mustbe exercised…must it consult?

Can be a Plurality – no express Criteriagiven – [e.g., authority across Gvt, effectiveness, link to int law, etc]

What does ‘due consideration mean’?

How does its role differ/overlap with‘focal point’?

3. Art 33 – Key Textual Departures Points. 3. Art 33 – Key Textual Departures Points.

Notice – focus is the Implementation of the Convention – presumably through National Law & Policy

Confers a Certain Margin of Appreciation

What are the criteria of ‘Independence’.

3 Very Different Roles

Paris Principles for NHRIs???

Framework???

Might be a plurality

‘Take into account’???

33.3. Civil society,

in particular persons with disabilities and

their representative organizations,

shall be involved and participate fully in the monitoring process. Confined to Monitoring

only???

+++Protect?

+++Promote?

4. Key Challenges in building the engine.4. Key Challenges in building the engine.

•Which Ministry…(symbolism, authority across Ministries, special case of Federal Administrations.

•Singularity or Plurality of ‘Focal Point/s’?

•Does the logic point to a National Strategy/Action Plan (to implement convention?) or link existing strategy to convention? What statistical and other ‘learning tools’ should be developed?

•Is it a Bridge between External/Internal….(role of Foreign Ministry?) External Face of Focal Point/s…to International Community.

•Clarity on Division of Labour between Focal Point/s & Coordination Mechanism.

•Does Coord mechanism simply ‘implement’ policy set by Focal Point or play other roles?

•Accountability/accessiblity of Focal Point/s to other Institutions of State.

•Interface with Civil Society, How, to what purpose…

The Focal Point/s…coordination MechanismWhat is its Essential Mission?Implement Convention…thru national law/Policy

The Focal Point/s…coordination MechanismWhat is its Essential Mission?Implement Convention…thru national law/Policy

Independent Monitoring Mechanism.Independent Monitoring Mechanism.

•What is meant by promote, protect and monitor?

•Does the Framework ‘promote, protect and monitor’ the convention via domestic law

•One or more – singular or pluralitysingular or plurality? If a plurality, how does the Framework maintain integrity and cohesion?

•What are the criteria of independence?

•Must all elements of the Framework be independent?

•Does Civil society have a say?

•Relationship of Framework to International Community. Parallel reports.

Civil Society EngagementCivil Society Engagement