EDF-EFC
Seminar on National Implementing and
Monitoring Bodies
(Art.33 UN Convention on the Rights of Persons with Disabilities)
Presentation Rodolfo Cattani
Participation of organisations of persons with disabilities in all decisions involving them is an axe that is also a pre-condition for the success of these decisions. The past has shown that the policies that have been adopted without meaningful consultation with persons with disabilities fail, and policies that involve them in decision-making is invariably a success.
CPRD is the first ever human rights convention to be ratified by the European Community. This is happening way before the possible accession to the European Convention on Human Rights and Fundamental Freedoms foreseen under the Lisbon Treaty. This accession may also be a precedent that could lead to EC ratifying the Convention on Elimination of All Forms of Discrimination Against Women (CEDAW) or the Commission Against Racial Discrimination (CERD). Therefore the significance of the CRPD is hard to underestimate, and that is why it is extremely important.
The challenge of coordinating the implementation of the Convention on the European level falls on the focal point (or points). The long list of tasks that the focal point will have to perform requires sufficient powers and resources. Ideally, the focal point should be established under the Presidency of the Commission (which would ensure both vertical and horizontal overview of all relevant policies). We need such a focal point that can demand (not request!) all Commission DGs to report on the implementation of the CRPD provisions under their jurisdiction. The focal point would be responsible for collating the reports, not forgetting to include the information about the implementation of the CRPD in relation to all material policy areas within the Community competence as well as the accessibility of the EU institutions and employment of persons with disabilities in the Institutions.
The establishment of coordination mechanisms to facilitate CRPD-related action in different sectors and at different levels is not required under the CRPD, but it “must be given due consideration”. On the European level, such a mechanism may (and should!) be established by the individual Community institutions (Parliament, Council, Commission, ECJ, Court of Auditors).There already exists an Inter-Service Disability Group at the Commission. It consists of different DG representatives at the level of civil servants. A similar structure also exists at the EP. These should be encouraged but not delegated the role of the general focal point.
As for the independent mechanism required under Article 33.2, there is currently no structure that could play this role on the European level. It is thought that the Fundamental Rights Agency (FRA) may play this role but as its current mandate doesn’t go beyond collecting data and research, it would have to be changed to give it “teeth” to oversee the implementation of the Convention. There are also currently concerns about the independence of FRA.
Furthermore, the question of the involvement of the European Parliament – the traditional EU human rights watchdog and a long-standing ally of the disability community – in the monitoring process is pending and needs to be addressed. What role is envisaged for the European Parliament in implementation and monitoring of the Convention? This question is also relevant for the involvement of the European Ombudsman.
I would like to finish with where I have started: stressing the importance of the involvement of DPOs and other civil society organisations in the monitoring process. Such an involvement under Article 33.3 presumes more than consultation but a real engagement giving DPOs the right to influence the process (for example, by nominating representatives for the independent mechanism).
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