Implementation and Monitoring Frameworks

Articles 33 to 40 of the CRPD set forth the provisions of frameworks for monitoring and implementation of the Convention. The broad headings of these Articles are set out below.

CRPD Articles 33-40

Article 34 - Committee on the Rights of Persons with Disabilities

Article 35 - Reports by States Parties Article 36 - Consideration of reports

Article 36 - Consideration of reports

Article 37 - Cooperation between States Parties and the Committee

Article 38 - Relationship of the Committee with other bodies

Article 39 - Report of the Committee Article 40 - Conference of States Parties

Article 40 - Conference of States Parties

Article 33 of the CRPD sets out a framework for national level implementation and monitoring, requiring State parties to establish specific mechanisms at national level with a view to strengthening implementation and monitoring of the rights of persons with disabilities. The national level monitoring framework in the CRPD envisages action by States, independent national monitoring institutions, and civil society organizations.

Article 33(1) of the CRPD requires States Parties to:

  • Designate one or more focal points within government relating to implementation – in other words, a designated office or other entity that has primary responsibility for overseeing implementation of the CRPD. The Convention does not specify the form or function of the focal point which could, for example, be a person or an office within a ministry or within several ministries; a ministry; an institution, such as a disability commission; or a combination of the foregoing. Whatever its form, the focal point must be equipped with adequate human and financial resources and be located at the highest possible level of government.
  • Consider the establishment or designation of a coordination mechanism within government to facilitate related action and processes in different sectors and at different levels. As with the focal point, the Convention does not specify the form or function of the coordination mechanism. However, such a mechanism could, for example, consist of an inter-sectoral body with members from various ministries as well as from organizations of persons with disabilities and other relevant stakeholders. A coordination mechanism can help genuinely mainstream disability across government ministries and sectors and among local, regional and national government. Coordination and mainstreaming are very effective tools for the successful implementation of the CRPD, as they ensure that a single Ministry is not tasked with addressing all aspects of issues that affect persons with disabilities, many of which may be outside its general competences.

Focal Points

The work of focal points can include, among others:

  • Advising the Head of State/Government, policymakers and programme planners on the development of policies, legislation, programmes and projects with respect to their impact on people with disabilities;
  • Coordinating the activities of various ministries and departments on human rights and disability;
  • Coordinating activities on human rights and disability at federal, national, regional, state, provincial and local levels of government;
  • Revising strategies and policies to ensure that the rights of persons with disabilities are respected;
  • Drafting, revising or amending relevant legislation;
  • Raising awareness about the Convention and Optional Protocol within the Government;
  • Ensuring that the Convention and Optional Protocol are translated into local languages and issued in accessible formats;
  • Establishing an action plan for implementation of the Convention;[1]
  • Monitoring the implementation of the action plan on human rights and disabilities;
  • Raising awareness on disability-related issues and the rights of persons with disabilities among the public;
  • Building capacity within the Government on disability-related issues;
  • Ensuring that persons with disabilities participate in the development of policies and laws that affect them;
  • Encouraging persons with disabilities to participate in organizations and civil society and encourage the creation of organizations of persons with disabilities.

Source: UNDESA, OHCHR, IPU, Handbook for Parliamentarians: From Exclusion to Equality: Realizing the Rights of Persons with Disabilities (2007).

Example: In South Africa all national government departments, provincial administrations and district and local municipalities are required to appoint or designate a disability focal person or unit to co-ordinate mainstreaming of disability within each of these institutions. These focal points converge in the National Disability Rights Machinery, which is constituted by, among others, the Inter-departmental Coordinating Committee, the Provincial Coordinating Forum and the National Disability Rights Forum which brings civil society on board.

In Estonia, the Ministry of Social Affairs is the designated focal point of the CRPD. It is responsible for implementing the CRPD within its area and facilitating related activities in different areas of government and local governments. Each ministry is responsible for implementing the Convention within its areas of government.

Cooperation between the ministries is through a Cooperation Assembly, Estonian Chamber of disabled People and four disabled persons organizations. The Committee of the Rights of Persons with Disabilities under the Estonian Chamber of Disabled People promote, protect and monitor the implementation of the CRPD. (See Structures Set up for the Implementation and Monitoring of CRPD for a full list of EU Member States).

In the UK, the focal point is the Cabinet Office, Disability Unit. Monitoring of implementation is done by Equality and Human Rights Commission (England and Wales); Scottish Human Rights Commission; Northern Ireland Human Rights Commission and Equality Commission for Northern Ireland.

In Thailand, the Ministry of Social Development and Human Security (through the Department of Empowerment of Persons with Disabilities) is the national focal point on disability issues. The Ministry works in collaboration with other related agencies to ensure dignity and equality for persons with disabilities. The Prime Minister chairs the National Committee on Empowerment of Persons with Disabilities, the main responsibilities to coordinate policies and plans on the empowerment of persons with disabilities nationally and internationally, mobilization of the CRPD and other related obligations. The National Human Right Commission of Thailand serves as an independent monitoring body. Other Ministries are in charge of specific areas, e.g., the Department of Disaster Prevention, the Ministry of Interior is in charge of Humanitarian emergencies (CRPD Article 11), the Ministry of Justice for Article 13 (Access to justice), the Ministry of Education for Education (Article 24), the Ministry of Public Health is in charge of Health (Article 25), and the Ministry of Labor for Article 27 (Work and employment). (roc-taiwan.org).

Article 33(2) requires States Parties to designate or establish an independent framework, such as a national human rights institution, to promote, protect, and monitor the CRPD. The independent body may be a national human rights commission or a national disability council. When designating or establishing such a mechanism, States Parties are to take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights, known as the “Paris Principles”.

The Paris Principles are a set of core minimum recommendations adopted by the United Nations General Assembly relating to the status and functioning of national institutions for the protection and promotion of human rights. According to the Paris Principles, such mechanisms must:

  • Be independent of the Government, with such independence guaranteed either by statutory law or constitutional provisions;
  • Be pluralistic in their roles and membership;
  • Have as broad a mandate as possible, capable, in the context of the Convention, of collectively promoting, protecting and monitoring the implementation of all aspects of the Convention through various means, including the ability to make recommendations and proposals concerning existing and proposed laws and policies;
  • Have adequate powers of investigation, with the capacity to hear complaints and transmit them to the competent authorities;
  • Be characterized by regular and effective functioning;
  • Be adequately funded and not subject to financial control, which might affect their independence; and
  • Be accessible to the general public and, in the context of the Convention, particularly to persons with disabilities, including women with disabilities and children with disabilities, and their representative organizations.

Source: UNDESA, OHCHR, IPU, Handbook for Parliamentarians: From Exclusion to Equality: realizing the rights of persons with disabilities (2007).

Focal Points

Potential functions of an independent framework include, among others:

  • Monitoring the implementation of obligations of the State party and preparing a regular report;
  • Making recommendations to Government on matters related to the rights and inclusion of persons with disabilities, including on legislation and policy matters;
  • Promoting harmonization of national laws and policies with the CRPD;
  • Reviewing individual complaints;
  • Preparing alternative reports to the CRPD Committee, Universal Periodic Review and other relevant international monitoring processes;
  • Engaging in public awareness-raising activities regarding disability rights and efforts to combat discrimination; and
  • Assisting in the formulation of human rights education programmes.

Article 33(3) further requires that civil society, in particular persons with disabilities and their representative organizations, be involved and participate fully in all aspects of monitoring. DPOs thus have an important role to play in monitoring CRPD implementation at national level, both by taking part in governmental monitoring efforts and also by conducting parallel or independent monitoring efforts.

Other national mechanisms are also relevant for effective implementation and monitoring. For example, national courts and tribunals, as well as Ombudsmen, can play a critical role in the domestic application of the provisions of the CRPD.[2] In many countries parliamentarians can also advance implementation. In terms of monitoring, processes that oversee the implementation of other relevant measures, such as national human rights or development action plans, offer additional ways of monitoring implementation of CRPD provisions.[3]

Country Checkpoint

  • Has a focal been designated within government for CRPD implementation?
  • Has a coordination mechanism been established to coordinate disability related action?
  • Has an independent monitoring mechanism been designated?
  • Has your government established an implementation plan for the CRPD? If so, is it being enacted?
  • Does monitoring of implementation of the CRPD take place?
  • Are sufficient resources available within the monitoring entity to satisfy the mandate in the CRPD?
  • Are persons with disabilities and DPOs being utilized as resources both for implementation and monitoring?
  • How is civil society, including DPOs, engaged in monitoring of disability rights and inclusion of disability in development?
  • Are there barriers to participation by, and engagement of, persons with disabilities and DPOs? If so, what are they?
  • What improvements could be made to better facilitate the engagement of DPOs?
  • Does civil society represent the diversity of the disability community? If not, what groups are excluded? How might they be involved?

 The CRPD sets out a framework for national level implementation and monitoring. This includes (1) role of a government focal point in advancing implementation; (2) role of an independent national institution in monitoring implementation; and (3) role for civil society.

Government Agencies. Civil Society (e.g. DPOs). Independent National Body or Ombudsman.

See Learning Activity 2.C.2. titled Roles and Responsibilities in Monitoring.

[1] See Module on National Plans and Programs with Disabilities in Africa

[2] See the Module on Access to Justice for Persons with Disabilities for more information on the role of national courts and tribunals (Toolkit on Disability for Africa).

[3] Efforts to monitor implementation of other relevant international human rights treaties, such as the Convention on the Rights of the Child or the Convention on the Elimination of all forms of Discrimination against Women also offer opportunities to monitor implementation of CRPD provisions.