• Introduction
  
• Integrating a disability perspective in the activities of treaty monitoring bodies
  
  - General comments / recommandations
  
  - Individual complaints
  
  - day of general discussion
  
  See also:
  
  - Text of the Study on human rights and disability
  English | French | Spanish
  
  - Report of the United Nations High Commissioner for Human Rights on progress in the implementation of the recommendations contained in the Study on the Human Rights of Persons with Disabilities
  E/CN.4/2004/74
  English | French | Spanish
  
  - Report of the United Nations High Commissioner for Human Rights on progress in the implementation of the recommendations contained in the Study on the Human Rights of Persons with Disabilities
  E/CN.4/2003/88
  English | French | Spanish

Introduction

The six core human rights treaties adopted by the United Nations include arrangements for monitoring the way the standards they contain have been implemented by the States parties. This supervisory role is exercised by a committee of independent experts (ranging in number from 10 to 23), usually referred to as “treaty monitoring body” or “treaty body”.

The six treaty bodies are:

• The Human Rights Committee, which monitors the implementation of the International Covenant on Civil and Political Rights (ICCPR);
  
  
• The Committee on Economic, Social and Cultural Rights, which monitors the implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR);
  
  
• The Committee against Torture, which monitors the implementation of Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT);
  
  
• The Committee on the Elimination of Racial Discrimination, which monitors the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD);
  
  
• The Committee on the Elimination of Discrimination against Women, which monitors the implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW);
  
  
• The Committee on the Rights of the Child, which monitors the implementation of the Convention on the Rights of the Child (CRC).  

The main job of the treaty bodies is to monitor domestic implementation of the treaties. When a State ratifies an international treaty, it assumes an obligation to implement the provisions of the treaty at the national level. It also assumes an obligation to submit reports periodically to the treaty bodies on the measures it has taken to ensure the enjoyment of the rights provided in the treaties.

Reports of the States parties are examined by the committee, along with information from a variety of sources, in the presence of a delegation from the reporting State. The examination of the report culminates, in which the committee presents its concerns and makes specific recommendations to the State party for future action. The State is expected to undertake the necessary measures to implement the recommendations of the treaty bodies.

Four treaties (ICCPR, CAT, CERD, CEDAW) also establishes procedures which allow individuals who claim to be victims of a violation by a State party of the rights set out in the respective treaties may submit individual complaints to the treaty monitoring body. Only complaints from persons within the jurisdiction of States that have formally accepted these procedures may be examined by the treaty bodies.

In addition, it has become an increasingly common practice for the treaty monitoring bodies to issue “general comments” or “recommendations”, which purport to be authoritative – although not legally binding – interpretations of the treaties.

Treaty-monitoring bodies web page


Integrating a disability perspective in the activities of treaty monitoring bodies

The United Nations human rights treaty bodies have considerable potential in the context of disability, but have generally been underused in advancing the rights of persons with disabilities. In this regard, the OHCHR-commissioned Study on human rights and disability notes that the process of disability reform could be strengthened and accelerated if greater and more targeted use were made of these instruments.

The attention to the human rights dimension of disability in the reporting process varies. The number of States who regularly refer to persons with disabilities in their reports is increasing, but references are generally marginal, and usually fail to recognize disabled persons as a distinct group. The same holds true with regard to references to disability in the dialogue with States parties and in the concluding observations and recommendations of the committees.

a) General comments/recommendations

In some circumstances, the treaty bodies have briefly referred to the issue of disability in their general comments/recommendations. However, only in two cases have they adopted a general comment/recommendation specifically devoted to the issue of disability:

• CESCR General Comment No. 5 (Persons with disabilities)
  
  
• CEDAW General Recommendation No. 18 (Disabled women)
  

b) Individual complaints

To date, only few complaints addressing disability issues have been found admissible by a treaty monitoring body:

• Human Rights Committee, Francis v. Jamaica, Communication No. 606/1994
  
  
• Human Rights Committee, Hamilton v. Jamaica, Communication No. 616/ 1995
  
  
• Human Rights Committee, C v. Australia, Communication No. 900/1999

An individual complaint concerning disability was also heard by the Committee against Torture, but failed to get beyond the admissibility stage:

• Committee against Torture, Akhidenor et al. v. Canada, Communication No. 67/1997

c) Day of general discussion 

In 1997, the Committee on the Rights of the Child held a Day of General Discussion on the rights of children with disabilities.

The discussion, which was aimed at enhancing understanding of the content and implications of the provisions of the Convention with regard to the situation and needs of children with disabilities, focused on such issues as non-discrimination (article 2), the right to survival and development (article 6), self-representation and fullest possible participation of the child in decisions affecting him/her (article 12), the right of children with disabilities to equal access to education (article 28). The CRC adopted several recommendations on the basis of the discussion. 

* * * * *

For an evaluation of the current use of the United Nations human rights instruments in the context of disability, see also Part 2 of the Study on Human rights and disability, in particular:

 ·  Chapter 4 –  Disability and freedom: the International Covenant on Civil and Political Rights (ICCPR)

 ·  Chapter 5 – Disability and social justice: the International Covenant on Economic, Social and Cultural Rights

 ·  Chapter 6 – The integrity of the person: the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and disability

 ·  Chapter 7 – Gender and disability: the Convention on the Elimination of all Forms of Discrimination against Women

 ·  Chapter 8 – Disability and children:  the Convention on the Rights of the Child (CRC)

 ·  Chapter 9 – Disability and racial discrimination: the International Convention on the Elimination of All Forms of Racial Discrimination (CERD).