Inquiry Procedure under the CRPD Optional Protocol

The CRPD’s Optional Protocol has a procedure of inquiry that allows the CRPD Committee to initiate investigations regarding “egregious or systematic human rights violations.” In such cases, the CRPD Committee is to call on that State party to collaborate in an investigation and submit its observations for review. The inquiry is confidential and has to be conducted with the full cooperation of the State concerned.

It is possible for a State to ratify the Optional Protocol but to “opt-out” of the inquiry procedure. In other words, at the time of signing, ratification, or accession of the Protocol, the State may declare that it does not recognize the competence of the CRPD Committee to undertake inquiries, although it does accept the individual communications procedure. While a State may “opt-out” of the inquiry procedure, all State parties to the Optional Protocol must accept the individual communications procedure.