Handbook for Parliamentarians on the Convention on the Rights of Persons with Disabilities

Handbook for Parliamentarians (PDF version; also available in French, Spanish, Russian, Arabic, Nepali, and Uzbek)

Contents

Acknowledgements

Foreword

Chapter 1: Overview

• Realizing the rights of persons with disabilities: the compelling reasons
• The focus of the Convention
• Why a convention was needed
• Rights specified in the Convention
• The relationship between disability and development

Chapter 2: The Convention in detail

• Historical developments leading to a new convention
• The Convention at a glance
  • The purpose of the Convention
  • The scope of the Convention
  • Defining disability
• The rights and principles enumerated in the Convention
  • General principles
  • Rights
  • International cooperation
• Obligations of States parties under the Convention
  • Obligations to respect, protect and fulfil
• Comparing the Convention to other human rights treaties

Chapter 3: Monitoring the Convention and the Optional Protocol

• Monitoring mechanism in the Convention
• The Committee on the Rights of Persons with Disabilities
  • Periodic reporting
  • The purpose of periodic reporting
  • Follow-up to periodic reporting
  • The Conference of States parties
  • Other mechanisms to monitor the rights of persons with disabilities
• The Optional Protocol to the Convention
  • The individual communications procedure
  • The inquiry procedure
  • Becoming a party to the Optional Protocol
• The United Nations secretariat that supports the Convention

Chapter 4: Becoming a party to the Convention and Optional Protocol

• Joining the Convention
  • Signing the treaty
  • What it means to sign the treaty
  • Expressing consent to be bound
  • The ratification process
  • Ratification by regional integration organizations
  • Accession
  • The instrument of ratification, formal confirmation or accession
  • The role of parliament in the ratification process
  • When the Convention and Optional Protocol enter into force
• Reservations to the Convention and Optional Protocol
  • Modifying and withdrawing reservations
• Declarations to the Convention and Optional Protocol
  • Types of declarations to the Convention and Optional Protocol
  • Making declarations to the Convention
• Relevance of the Convention to non-parties

Chapter 5: National legislation and the Convention

• Incorporating the Convention into domestic law
  • The meaning of signing and ratifying
  • Incorporation through constitutional, legislative and regulatory measures
  • Types of equality and non-discrimination legislation
• The content of legislative measures
  • Critical elements
  • Linking implementing legislation to the Convention
  • Types of disability to be addressed in legislation
  • "Reasonable accommodation" as a cornerstone of legislation
  • Special measures
  • Discrimination by State authorities, private persons and corporations
  • Specific areas for legislative reform
  • Intellectual property laws and ensuring access to books, films and other media
  • Legislation recognizing national sign language(s)
  • Complaints procedures under national law
• Procedural measures to promote implementation
  • Undertake a comprehensive review
  • Ensure that all laws are consistent with the Convention
  • Engage persons with disabilities in the legislative process
  • Involve provincial or state-level parliaments

Chapter 6: From provisions to practice: implementing the Convention

• Habilitation and rehabilitation
• Accessibility
• Education
  • The Cost of inclusive education
• Work and employment
• Legal capacity and supported decision-making

Chapter 7: Creating national institutions to implement and monitor the Convention

• Focal points
• Coordination mechanisms
• National human rights institutions
  • The relationship between the Convention and national human rights institutions
  • Types of national human rights institutions
  • The Paris Principles
  • Potential functions of a national human rights institution
  • National human rights institutions and complaints mechanisms
  • Establishing an appropriate institution
• Parliamentary oversight
  • Parliamentary committees
  • Commissions of inquiry
  • Direct questioning of ministers
  • Scrutiny of executive appointments
  • Oversight over non-governmental public agencies
  • Budgetary scrutiny and financial control
• The courts and the role of the judiciary
  • Judicial protection of rights

References

Annex I: Convention on the Rights of Persons with Disabilities

Annex II: Optional Protocol to the Convention on the Rights of Persons with Disabilities

About the publishers

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