Upload
brenna-morris
View
28
Download
0
Tags:
Embed Size (px)
DESCRIPTION
Article 33 UN CRPD Work Forum Preparatory Meeting 14 October, 2010. Brussels. Gerard Quinn www.nuigalway.ie/cdlp Article 33 – The Engine of the Convention. Opening the Engine……. 1. The Purpose/ s of the Engine. 33 Linked Back to General Provisions – the engine in context. - PowerPoint PPT Presentation
Citation preview
Article 33 UN CRPD
Work Forum Preparatory Meeting
14 October, 2010.Brussels.
Article 33 UN CRPD
Work Forum Preparatory Meeting
14 October, 2010.Brussels.
Gerard Quinnwww.nuigalway.ie/cdlp
Article 33 – The Engine of the Convention
1. The Purpose/s of the Engine.1. The Purpose/s of the Engine.
3. 33 – Key Textual Departures Points. 3. 33 – Key Textual Departures Points.
4. Key Challenges in building the engine.4. Key Challenges in building the engine.
Opening the Engine…….Opening the Engine…….
2. 33 Linked Back to General Provisions – the engine in context.2. 33 Linked Back to General Provisions – the engine in context.
33- A Shift away from the Traditional Focus of Int HR Treaties33- A Shift away from the Traditional Focus of Int HR Treaties
1. The Purpose/s of the Engine.1. The Purpose/s of the Engine.
And to Overcome the Traditional Isolation of International Law
Window & Transmission BeltKey Vehicle to Carry the ‘New Paradigm’ of disability into domestic order
International Legal Order
Domestic Legal Order
Committee on the Rts of PWD: 34 Conference of States Parties: 40
By… Imagining a New Domestic Institutional Architecture for Change
National ImplementationFocal Point 33.1Co-ord Mechanism 33.1
National Monitoring ‘protect, promote, monitor’ 33.2
Active Consultation withPWD 33.3
Adding missing ‘Voices’To the process
Research Supporting Action
2. Linked Back to General Provisions – the engine in context.2. Linked Back to General Provisions – the engine in context.
4.3. General Obligation to Consult. Adding Voice to the Entirety of the Process.
31. Develop an evidence base to a Key Tool in the Process. Research, data.
32 (b). Obligation to contribute to capacity-building. You are not alone.
32 (c). Co-operation in research. Share ideas.
4.4. CRPD sets a floor – you can go beyond it.
9.2 & 16.3 also mention ‘monitoring’. Treat as lex specialis.
4.5. All Provisions (which must include 33) apply to all parts of Federal States
Confers a Certain Margin of Appreciation
Gvt has the Choice – but it mustbe exercised…must it consult?
Can be a Plurality – no express Criteriagiven – [e.g., authority across Gvt, effectiveness, link to int law, etc]
What does ‘due consideration mean’?
How does its role differ/overlap with‘focal point’?
3. Art 33 – Key Textual Departures Points. 3. Art 33 – Key Textual Departures Points.
Notice – focus is the Implementation of the Convention – presumably through National Law & Policy
Confers a Certain Margin of Appreciation
What are the criteria of ‘Independence’.
3 Very Different Roles
Paris Principles for NHRIs???
Framework???
Might be a plurality
‘Take into account’???
33.3. Civil society,
in particular persons with disabilities and
their representative organizations,
shall be involved and participate fully in the monitoring process. Confined to Monitoring
only???
+++Protect?
+++Promote?
4. Key Challenges in building the engine.4. Key Challenges in building the engine.
•Which Ministry…(symbolism, authority across Ministries, special case of Federal Administrations.
•Singularity or Plurality of ‘Focal Point/s’?
•Does the logic point to a National Strategy/Action Plan (to implement convention?) or link existing strategy to convention? What statistical and other ‘learning tools’ should be developed?
•Is it a Bridge between External/Internal….(role of Foreign Ministry?) External Face of Focal Point/s…to International Community.
•Clarity on Division of Labour between Focal Point/s & Coordination Mechanism.
•Does Coord mechanism simply ‘implement’ policy set by Focal Point or play other roles?
•Accountability/accessiblity of Focal Point/s to other Institutions of State.
•Interface with Civil Society, How, to what purpose…
The Focal Point/s…coordination MechanismWhat is its Essential Mission?Implement Convention…thru national law/Policy
The Focal Point/s…coordination MechanismWhat is its Essential Mission?Implement Convention…thru national law/Policy
Independent Monitoring Mechanism.Independent Monitoring Mechanism.
•What is meant by promote, protect and monitor?
•Does the Framework ‘promote, protect and monitor’ the convention via domestic law
•One or more – singular or pluralitysingular or plurality? If a plurality, how does the Framework maintain integrity and cohesion?
•What are the criteria of independence?
•Must all elements of the Framework be independent?
•Does Civil society have a say?
•Relationship of Framework to International Community. Parallel reports.