The Committee on the Rights of Persons with Disabilities is a United Nations body of 18 experts that meets two times a year in Geneva to consider the reports submitted by 164 UN member states [nb 1] on their compliance with the Convention on the Rights of Persons with Disabilities (CRPD), and to examine individual petitions concerning 94 States Parties [nb 2] to the Optional Protocol.
The committee is one of ten UN human rights treaty bodies, each responsible for overseeing the implementation of a particular treaty. [1] The Human Rights Committee, the Committee on the Elimination of Discrimination Against Women, and the Committee on the Rights of the Child are among the other United Nations treaty bodies.
UN member states that have ratified or acceded to the Optional Protocol have agreed to allow persons within their jurisdiction to submit complaints to the Committee requesting a determination whether provisions of the Convention have been violated.
All states parties are required to submit regular reports to the Committee outlining the legislative, judicial, policy and other measures they have taken to implement the rights affirmed in the convention. The first report is due within two years of ratifying the convention; thereafter reports are due every four years. [2] The Committee examines each report and addresses its concerns and recommendations to the state party in the form of "concluding observations".
The members of the committee, who must be "of high moral standing and recognized competence and experience in the field covered by the present Convention", are elected by the member states on an individual basis or "personal capacity", not as representatives of their countries. CRPD Article 34 also mandates "balanced gender representation" and "participation of experts with disabilities." They serve four-year terms, with one-half of their number elected every second year. [3]
The Office of the High Commissioner for Human Rights assists the work of the committee, and maintains a website with links to all documentation considered by the committee, and documents issued by the committee, such as concluding observations on state reports. [4]
Following the Convention coming into force on 3 May 2008, the initial membership of the committee was elected by secret ballot at the first Conference of States' Parties to the convention on 3 November 2008 in New York. [5] The first chair, elected at the first session in February 2009, was Mohammed Al-Tarawneh, who was succeeded in February 2010 by Ron McCallum. [6] The current[ when? ] chair is Rosemary Kayess of Australia, whose term lasts until the end of 2022. [4]
The Committee initially consisted of 12 members, however once the Convention achieved 80 ratifications the Committee expanded to 18 members. Half of members were elected for two-year terms and half elected for four years. [3] Since then, members have been elected for four-year terms, with half the members elected every two years by the Conference of States Parties. [7]
The membership of the committee is as follows (as of June 2022): [8]
Name | State | Term expires [nb 3] |
---|---|---|
Muhannad Salah Al-Azzeh | Jordan | 2026 |
Rosa Idalia Aldana Salguero | Guatemala | 2024 |
Rehab Mohammed Boresli | Kuwait | 2026 |
Abdelmajid Makni | Morocco | 2024 |
Gerel Dondovdorj | Mongolia | 2024 |
Vivian Fernandez de Torrijos – Rapporteur | Panama | 2024 |
Odelia Fitoussi - Vice Chair | Israel | 2024 |
Amalia Gamio Rios – Vice Chair | Mexico | 2026 |
Samuel Njuguna Kabue | Kenya | 2024 |
Rosemary Kayess – Vice Chair | Australia | 2026 |
Miyeon Kim | South Korea | 2026 |
Alfred Kouadio KOUASSI | Ivory Coast | 2026 |
Sir Robert Martin | New Zealand | 2024 |
Floyd Morris | Jamaica | 2024 |
Gertrude Oforiwa Fefoame - Chairperson | Ghana | 2026 |
Markus Schefer | Switzerland | 2026 |
Saowalak Thongkuay | Thailand | 2024 |
The Parties to the convention are to submit periodic reports to the committee. Before the report is due, the Committee provides a List of Issues, created with input from civil society. Often a "shadow report" will be submitted by non-government organizations (NGOs). Ultimately, the Committee agrees on a set of Concluding Observations. As described in the CRPD's Article 35, parties' reports should describe "measures taken to give effect to its obligations under the ... Convention and ... the progress made in that regard" and may also describe "factors and difficulties" affecting their fulfilment of Convention obligations. [9] Similar to the record of other human rights bodies, most reports have been submitted late, some not at all. [10]
In 2013, the Committee issued Simplified Reporting Procedures. The committee's intent was not only to assist states parties, but also to foster interest from and participation by persons with disabilities, national monitoring groups, and human rights organizations. [10]
The committee has issued eight General Comments, intended to offer interpretation of CRPD provisions that will be useful for states in preparing their periodic reports. These are: [11]
Comment | CRPD Article | Subject | Date Adopted |
---|---|---|---|
General Comment No 1 | Article 12 | Equal recognition before the law | 11 April 2014 |
General Comment No 2 | Article 9 | Accessibility | 11 April 2014 |
General Comment No 3 | Article 6 | Women and girls with disabilities | 26 August 2016 |
General Comment No 4 | Article 24 | Right to inclusive education | 26 August 2016 |
General Comment No 5 | Article 19 | Right to independent living | 31 August 2017 |
General Comment No 6 | Article 5 | Equality and non-discrimination | 9 March 2018 |
General Comment No 7 | Article 4.3 and 33.3 | Participation with persons with disabilities in the implementation and monitoring of the Convention | 21 September 2018 |
General Comment No 8 | Article 27 | Right of persons with disabilities to work and employment | 9 September 2022 |
Two examples of General Comments that attracted experts and organizations' analysis, with areas of agreement and of disagreement were General Comment No. 4 on CRPD Article 24, the right to inclusive education, and General Comment No. 6 on CRPD Article 5, the right to equality and non-discrimination. In the 2016 deliberations, several organizations argued unsuccessfully that a "sensory exception" to inclusive education would not risk perpetuating harmful practices of school segregation. [12] In the 2018 deliberations, some experts and organizations debated which kinds of employment policies would most effectively address disability discrimination. [13]
International human rights instruments are the treaties and other international texts that serve as legal sources for international human rights law and the protection of human rights in general. There are many varying types, but most can be classified into two broad categories: declarations, adopted by bodies such as the United Nations General Assembly, which are by nature declaratory, so not legally-binding although they may be politically authoritative and very well-respected soft law;, and often express guiding principles; and conventions that are multi-party treaties that are designed to become legally binding, usually include prescriptive and very specific language, and usually are concluded by a long procedure that frequently requires ratification by each states' legislature. Lesser known are some "recommendations" which are similar to conventions in being multilaterally agreed, yet cannot be ratified, and serve to set common standards. There may also be administrative guidelines that are agreed multilaterally by states, as well as the statutes of tribunals or other institutions. A specific prescription or principle from any of these various international instruments can, over time, attain the status of customary international law whether it is specifically accepted by a state or not, just because it is well-recognized and followed over a sufficiently long time.
The United Nations Convention on the Rights of the Child is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation.
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force on 23 March 1976 after its thirty-fifth ratification or accession. As of June 2022, the Covenant has 173 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw.
The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per year to consider the periodic reports submitted by the 173 States parties to the ICCPR on their compliance with the treaty, and any individual petitions concerning the 116 States parties to the ICCPR's First Optional Protocol. The Committee is one of ten UN human rights treaty bodies, each responsible for overseeing the implementation of a particular treaty.
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights treaty under the review of the United Nations that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came into force on 3 January 1976. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to all individuals including those living in Non-Self-Governing and Trust Territories. The rights include labour rights, the right to health, the right to education, and the right to an adequate standard of living. As of February 2024, the Covenant has 172 parties. A further four countries, including the United States, have signed but not ratified the Covenant.
The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted on 3 September 1981 and has been ratified by 189 states. Over fifty countries that have ratified the convention have done so subject to certain declarations, reservations, and objections, including 38 countries who rejected the enforcement article 29, which addresses means of settlement for disputes concerning the interpretation or application of the convention. Australia's declaration noted the limitations on central government power resulting from its federal constitutional system. The United States and Palau have signed, but not ratified the treaty. The Holy See, Iran, Somalia, Sudan, and Tonga are not signatories to CEDAW.
The Committee on the Rights of the Child (CRC) is a body of experts that monitor and report on the implementation of the United Nations Convention on the Rights of the Child.
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The Convention on the Rights of Persons with Disabilities is an international human rights treaty of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the convention are required to promote, protect, and ensure the full enjoyment of human rights by persons with disabilities and ensure that persons with disabilities enjoy full equality under the law. The Convention serves as a major catalyst in the global disability rights movement enabling a shift from viewing persons with disabilities as objects of charity, medical treatment and social protection towards viewing them as full and equal members of society, with human rights. The convention was the first U.N. human rights treaty of the twenty-first century.
The Optional Protocol to the Convention on the Rights of Persons with Disabilities is a side-agreement to the Convention on the Rights of Persons with Disabilities. It was adopted on 13 December 2006, and entered into force at the same time as its parent Convention on 3 May 2008. As of February 2024, it has 94 signatories and 106 state parties.
The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (OP-CEDAW) is an international treaty which establishes complaint and inquiry mechanisms for the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Parties to the Protocol allow the Committee on the Elimination of Discrimination against Women to hear complaints from individuals or inquire into "grave or systematic violations" of the convention. The Protocol has led to a number of decisions against member states on issues such as domestic violence, parental leave and forced sterilization, as well as an investigation into the systematic killing of women in the Mexican city of Ciudad Juárez, Chihuahua.
The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an international treaty establishing complaint and inquiry mechanisms for the International Covenant on Economic, Social and Cultural Rights. It was adopted by the UN General Assembly on 10 December 2008, and opened for signature on 24 September 2009. As of February 2024, the Protocol has 46 signatories and 29 state parties. It entered into force on 5 May 2013.
The First Optional Protocol to the International Covenant on Civil and Political Rights is an international treaty establishing an individual complaint mechanism for the International Covenant on Civil and Political Rights (ICCPR). It was adopted by the UN General Assembly on 16 December 1966, and entered into force on 23 March 1976. As of January 2023, it had 117 state parties and 35 signatories. Two of the ratifying states have denounced the protocol.
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A third-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races. The Convention also requires its parties to criminalize hate speech and criminalize membership in racist organizations.
Development is a human right that belongs to everyone, individually and collectively. Everyone is “entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized,” states the groundbreaking UN Declaration on the Right to Development, proclaimed in 1986.
New Zealand has taken an active role in the negotiation and drafting of several international human rights instruments including the Universal Declaration of Human Rights, the Convention on the Rights of Persons with Disabilities, and the Second Optional Protocol to the International Covenant on Civil and Political Rights.
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The United Nations Framework Convention on Climate Change (UNFCCC), the Paris Agreement, the Sustainable Development Goals (SDGs), and the United Nations Convention on the Rights of Persons with Disabilities (CRPD) are connected through their common goals of addressing global challenges and promoting sustainable development through policies and international cooperation.
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