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 ID: 1048191
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1. Module 6National implementation and monitoring frameworks
2. Identify the main institutional actors with roles in implementing and monitoring the ConventionUnderstand the main functions of those involved in implementation and monitoringMain actorsFocal points and coordination mechanismsNational independent mechanismsParliamentsCourts and tribunalsParticipation of civil societyObjectiveModule flow
3. Relevant actorsParliamentCourts & tribunals
4. Focal points andcoordination mechanismsStates 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 functionsWhat are the possible functions of focal points and coordination mechanisms?
6. Example: GermanyMechanismAuthorityComposition and mandateFocal pointFederal Ministry for Labour and Social AffairsSub-focal points in the 16 LänderLiaises with the 16 Länder on implementationWorking group regularly consults with OPDsCoordination mechanismFederal Government Commissioner for Matters relating to Persons with DisabilitiesStaff of 13Raises awareness of the ConventionAdvises the Federal GovernmentFacilitates cooperation between Ministries and OPDsAdvisory body (not required by the Convention)The Inclusion CommitteeComprises one Federal Commissioner, one State Commissioner, independent experts and 10 OPD representativesStaff of twoPromotes the ConventionMakes recommendations to the GovernmentCoordinates 4 thematic working groups
7. Example: SpainMechanismAuthorityComposition and mandateFocal pointDirectorate-General for the Coordination of Sectoral Policies on Disability/Ministry of Health, Social Services and Equality Comprises 46 staffResponsible for disability policiesCoordinates between ministriesCoordinates between central Government and autonomous communitiesCoordination mechanismNational Disability CouncilComprises 40 members from the focal point: president, three vice-presidents, 16 representatives of 12 other ministries, 16 OPD representatives, 4 expertsCoordinates policiesFacilitates cooperation between ministries and OPDs
8. National independent mechanismsStates 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 frameworkMaintain, strengthen, designate or establish?Mechanism or mechanisms?Paris Principles-compliant?IndependentPluralAccessible?
10. FunctionsNational independent frameworkPromotionProtectionMonitoringAwareness-raisingAdvocacyRatification promotionEducationTraining Advice to GovernmentIndividual complaintsAmicus in litigationCombatting discriminationUse of media, parliamentPublic inquiriesStudies and surveysLaw reviewsAnnual reportsAlternative reports to Committee
11. ParliamentsParliamentary committeesCommissions of inquiryDirect questioning of ministers Scrutiny of executive appointments Oversight over non-governmental public agenciesBudgetary scrutiny and financial control
12. Courts and tribunalsProtect rightsProvide an enforceable remedyInterpret and apply the Convention nationallyComplement the work of article 33 mechanismsIdentify problem areas related to the implementation of the ConventionTrigger law reformPrevent similar problems in the future
13. Participation of civil societyCivil society, in particular persons with disabilities and their representative organizations, shall be involved and participate fully in the monitoring process.Art. 33 (3)
14. SourcesConvention on the Rights of Persons with Disabilities;A/HRC/10/48From 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)