Committee on the Rights of Persons with Disabilities

{{Short description|United Nations body}}

{{Use dmy dates|date=May 2020}}

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 statesAs of March 2015. {{cite web |url=http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-15&chapter=4&lang=en |title=UN Treaty Collection: parties to the Convention on the Rights of Persons with Disabilities: List of parties |publisher=United Nations |access-date=26 March 2015 |archive-date=19 August 2012 |archive-url=https://web.archive.org/web/20120819033725/http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-15&chapter=4&lang=en |url-status=dead }} on their compliance with the Convention on the Rights of Persons with Disabilities (CRPD), and to examine individual petitions concerning 94 States PartiesAs of March 2015. {{cite web |url=http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-15-a&chapter=4&lang=en |title=UN Treaty Collection: Optional Protocol to the Convention on the Rights of Persons with Disabilities: List of parties |publisher=United Nations |access-date=26 March 2015 |archive-date=13 January 2016 |archive-url=https://web.archive.org/web/20160113202037/https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-15-a&chapter=4&lang=en |url-status=dead }} 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.{{Cite web|title=Human Rights Bodies|url=https://www.ohchr.org/EN/HRBodies/Pages/HumanRightsBodies.aspx#:~:text=There%20are%20ten%20human%20rights,Human%20Rights%20Committee%20(CCPR)|access-date=1 August 2020|website=UN Office of the High Commissioner for Human Rights}} 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.Convention on the Rights of Persons with Disabilities, Article 35. 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.Convention on the Rights of Persons with Disabilities, Article 34.

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.{{Cite web|title=OHCHR {{!}} Committee on the Rights of Persons with Disabilities|url=https://www.ohchr.org/EN/HRBodies/CRPD/Pages/CRPDIndex.aspx|access-date=2020-08-11|website=www.ohchr.org}}

History

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.{{cite web |url=https://www.un.org/disabilities/default.asp?id=210 |title=The Convention in brief: Entry into Force |publisher=UN Enable |access-date=2008-06-28}} The first chair, elected at the first session in February 2009, was Mohammed Al-Tarawneh, who was succeeded in February 2010 by Ron McCallum.{{cite web|url=http://disabilitycouncilinternational.org/CRPD-committee.php|title=CRPD Committee|website=Disability Council International|access-date=27 March 2015|archive-date=14 August 2015|archive-url=https://web.archive.org/web/20150814131729/http://disabilitycouncilinternational.org/CRPD-committee.php|url-status=dead}} The current{{when|date=August 2020}} chair is Rosemary Kayess of Australia, whose term lasts until the end of 2022.

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. Since then, members have been elected for four-year terms, with half the members elected every two years by the Conference of States Parties.{{Cite web|title=Article 34 - Committee on the Rights of Persons with Disabilities {{!}} United Nations Enable|url=https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities/article-34-committee-on-the-rights-of-persons-with-disabilities.html#:~:text=1.,2.|access-date=2020-08-28|website=www.un.org}}

Membership

The membership of the committee is as follows (as of June 2022):{{cite web|last=Committee on the Rights of Persons with Disabilities|title=Membership of the Committee on the Rights of Persons with Disabilities|url=https://www.ohchr.org/EN/HRBodies/CRPD/Pages/Membership.aspx|access-date=10 August 2020|website=Convention on the Rights of Persons with Disabilities|publisher=UN OHCHR}}

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! Name !! State !! Term expiresAll terms expire on 31 December of the year shown. {{cite web| url=https://www.ohchr.org/en/treaty-bodies/crpd/membership| title=Membership| work=United Nations| date=2023-11-17}}

Muhannad Salah Al-Azzeh{{Flag|Jordan}}2026
Rosa Idalia Aldana Salguero{{Flag|Guatemala}}2024
Rehab Mohammed Boresli{{flag|Kuwait}}2026
Abdelmajid Makni{{flag|Morocco}}2024
Gerel Dondovdorj{{flag|Mongolia}}2024
Vivian Fernandez de Torrijos – Rapporteur{{flag|Panama}}2024
Odelia Fitoussi - Vice Chair{{flag|Israel}}2024
Amalia Gamio Rios – Vice Chair{{flag|Mexico}}2026
Laverne Jacobs{{flag|Canada}}2026
Samuel Njuguna Kabue{{flag|Kenya}}2024
Rosemary Kayess – Vice Chair{{flag|Australia}}2026
Miyeon Kim{{flag|Republic of Korea}}2026
Alfred Kouadio KOUASSI{{flag|Ivory Coast}}2026
Sir Robert Martin{{flag|New Zealand}}2024
Floyd Morris{{flag|Jamaica}}2024
Gertrude Oforiwa Fefoame - Chairperson{{flag|Ghana}}2026
Markus Schefer{{flag|Switzerland}}2026
Saowalak Thongkuay{{flag|Thailand}}2024

Review of Parties' Periodic Reports

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.{{Cite web|title=Article 35 - Reports by States Parties {{!}} United Nations Enable|url=https://www.un.org/development/desa/disabilities/convention-on-the-rights-of-persons-with-disabilities/article-35-reports-by-states-parties.html|access-date=2020-08-28|website=www.un.org}} Similar to the record of other human rights bodies, most reports have been submitted late, some not at all.{{Cite book|title=The UN Convention on the Rights of Persons with Disabilities, a commentary|others=Bantekas, Ilias,, Stein, Michael Ashley,, Anastasiou, Dēmētrēs|year=2018|isbn=978-0-19-881066-7|edition=First|location=Oxford, United Kingdom|pages=1044|oclc=1041925625}}

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.

General Comments

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:{{Cite web|author=Committee on the Rights of Persons with Disabilities|title=General Comments|url=https://www.ohchr.org/en/treaty-bodies/crpd/general-comments|access-date=2023-11-17|website=Office of the United Nations High Commissioner for Human Rights}}

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|+

!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.{{Cite journal|last=Byrne|first=Bronagh|date=2019-08-06|title=How inclusive is the right to inclusive education? An assessment of the UN convention on the rights of persons with disabilities' concluding observations|url=https://www.tandfonline.com/doi/full/10.1080/13603116.2019.1651411|journal=International Journal of Inclusive Education|volume=26 |issue=3 |language=en|pages=301–318|doi=10.1080/13603116.2019.1651411|s2cid=201403809 |issn=1360-3116}} In the 2018 deliberations, some experts and organizations debated which kinds of employment policies would most effectively address disability discrimination.Atrey, S., Fredman, S., Campbell, M., Samtani, S., Brickhill, J., & Ramalekana, N. (2017, Nov 30). Achieving Transformative Equality for Persons with Disabilities: Submission to the CRPD Committee for General Comment No.6 on Article 5 of the UN Convention on the Rights of Persons with Disabilities. Manuscript submitted for publication. Oxford Human Rights Hub.http://ohrh.law.ox.ac.uk/publications/sandra-fredman-meghancampbell-shreya-atrey-jason-brickhill-sanya-samtani-and-nomfundoramalenka-achieving-transformative-equality-for-persons-withdisabilities-submission-to-the-committee-o/ Retrieved 30 August 2020.

Notes

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References

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