This document seeks to provide a non-exhaustive roadmap for national DPOs in their advocacy work to promote the full and effective implementation of the CRPD.

a. Guidelines for advocacy work of national DPOs

Aligning legislation

One of the most relevant and immediate obligations resulting from the ratification of a Convention is the need to align the legislation to the content of the Convention.

Some countries do this prior to ratification, mostly those for which international treaties do not as such become part of their national legislation. In countries where international treaties become part of the national legislation (usually with status only inferior to the Constitution), ratification still requires aligning all legislation to the Convention in order both to avoid inconsistencies between national laws and the new Convention, but also because many of the provisions of the Convention need more detailed legislation to become fully operational.

The process of systematic revision of legislation needs to include both disability-specific legislation as well as all mainstream legislation that is relevant for persons with disabilities, including the existing legislation on education, employment, electoral laws, among others. Furthermore, this revision should include or strengthen the prohibition of discrimination on the basis of disability, including the discrimination by private actors. Some of the most advanced provisions of the CRPD will require modifications to the Civil Code or equivalent legislation and could even imply the need to modify the Constitution.

The process of aligning the legislation needs to involve in a meaningful way representative organizations of persons with disabilities, mandated in the Article 4 (3) of the CRPD, and it is very important that all parties involved are provided with the adequate capacity to fully grasp the implications of the Convention. External guidance might often be useful, including from the OHCHR, which has produced a number of good documents focusing on the legal implications.

It is however important to ensure national ownership of the harmonization process to ensure its effectiveness and buy-in by all stakeholders.

The experience so far has shown that the priorities of legal harmonization vary significantly between more and less developed countries and that those priorities are highly dependent of the general awareness of both policy makers and DPOs. While in some countries like Australia or Japan, key issues raised were related to denial of reasonable accommodation, legal capacity and mental health laws, other countries with much shorter disability policy history, those issues are less of concern.

The other key barrier to address is the lack of implementation of many of the laws so far in the area of disability.

Raising awareness

Article 8 of the CRPD mandates States to undertake awareness raising actions on the rights of persons with disabilities and on the CRPD. These actions should both be general as well as specific to different target groups.

It is especially important that awareness raising actions target persons with disabilities themselves, and their families and that this is being done with the active involvement of representative organizations of persons with disabilities.

Making the CRPD accessible to all

The translation into national languages (official as well as minority languages) is key if we want to ensure that all persons are aware of the Convention. It needs to be ensured that the translation of the Convention is done in an accurate way. DPOs need to be involved and need to check in particular the disability-specific terminology. CRPD versions in national sign languages need also to be made available at no cost.

It is also important that the CRPD is made available in alternative formats, in particular in Braille and in plain language.

Beyond translation it is crucial that states ensure an effective dissemination of the CRPD and related national legislations throughout their country.

Revision of public policies

A systematic revision of all public policies (disability-specific and general) is also a key obligation resulting from the CRPD.

Mainstream public policies need to be checked to ensure that they are fully accessible for all persons with disabilities, including through the provision of individualized reasonable accommodation and the provision of those support services that will enable persons with disabilities to benefit from mainstream services.

Existing disability-specific services need to be revised to ensure that they are fully consistent with the provisions of the CRPD. This revision might lead to the disappearance of some of these services (large residential institutions) to be replaced by new services (community based support) or by fully accessible mainstream solutions.

It is of crucial importance that all major policy tools are included. For instance in many low income countries, support to persons with disabilities is mostly channeled through dedicated programs co-funded by international cooperation which often are extra-legal and extra-budgetary while being presented as governmental action.

Revision of national budget

The full and effective implementation of the CRPD will require an increased resource allocation. Sometimes, this will imply a reallocation of budgets from segregated solutions to inclusive solutions, but often it will mean creating and increasing budget allocation.

The mainstreaming of disability rights requires that the budget allocations benefitting persons with disabilities will need to be made in all relevant budget lines.

Work at national, regional and local level

The implementation of the CRPD is an obligation for all levels of the State: national, regional and local.

DPOs need to be doing advocacy work on all the different decision making levels and ensure that legislation (when this is not only national), regulations, policies, budgets and practices are fully consistent with the CRPD.

The active involvement of DPOs in all these levels needs to be ensured.

Definition of persons with disabilities

The CRPD does not include a precise definition of disability or persons with disabilities, but establishes in its article 1 a minimum threshold that all national definitions need to meet. This would for instance mean that in countries where persons with psychosocial disabilities have not been considered as persons with disabilities, this has to change to ensure that persons with psychosocial disabilities will benefit from all provisions of the Convention.

Moreover it is important that DPOs explain to their Governments that all persons with disabilities irrespective of their type and level of disability should be protected from discrimination on the basis of disability. While it may be reasonable to define certain minimum criteria for the access to disability-related benefits, the protection from discrimination should not be subject to these same limitations.

Moreover, DPOs need to explain that the legislation should protect from all forms of discrimination based on disability, which would also include situations that affect non disabled persons, including family members or other persons associated with a person with a disability, persons who have had a disability in the past or have a genetic predisposition to become disabled in the future.

Beyond strict definition it is of utmost importance to pay attention to use of those definitions within existing mechanisms of individual disability assessment whether their aim is to deliver the “disability card” which allows individuals to access dedicated services and support, or to evaluate capacity to work, to access education or to enjoy exercise of legal capacity. Many countries are currently either revising or developing such mechanisms which are the key to the CRPD implementation as they are one of the key tool for government to increase or decrease resources allocation to persons with disabilities for individual support.

Training/awareness measures targeting specific groups: employers, trade unions, service providers, judges, health professionals, police, etc.

The full enjoyment of the rights included in the CRPD does not only require the changes in law, but it also needs to be ensured that all those professionals in charge of implementing these laws and policies need to be trained on the provisions of the CRPD and need to fully grasp the principles on which the CRPD is based.

It is important to include disability rights modules (preferably to be delivered by persons with disabilities themselves) in all general training activities. It is also imperative that all mainstream human rights training activities includes training on the human rights of persons with disabilities.

National accessibility plan/strategy and strengthening of accessibility-related legislation (public procurement, licenses for opening)

Full accessibility is one of the main objectives of the Convention and an objective that will be achieved gradually. DPOs need to ensure that States are doing their utmost to achieve full accessibility.

It is important to ensure that all new infrastructures meet the relevant accessibility standards. In the case of publicly funded initiatives, accessibility needs to be a compulsory requirement in the relevant public tenders. For private initiatives, it is important that the relevant licenses that are required for the construction/refurbishing and for the opening of premises are subject to meeting the relevant accessibility standards.

DPOs should also ask all public authorities to produce accessibility plans with specific objectives (agreed with the participation of representative DPOs).

Focal point

DPOs should request to Governments that the disability focal point that needs to be established is located at the highest possible level of the Executive in order to ensure that it has competence over all relevant Ministries.

Coordination mechanism

Furthermore, DPOs should also advise that all Ministries have disability focal points and that these coordinate the work among each other and involve representative DPOs in their meetings. In strongly decentralized countries, coordination structures need to exist between the central level and the different regions.

Independent monitoring mechanism

DPOs need to request from their States that an independent mechanism is established (or the task is allocated to an existing one), that meets the Paris Principles.

Furthermore, this body needs to have a disability unit or focal point which is fully aware of the CRPD. Persons with disabilities with knowledge on human rights should be employed by the institution and a structured dialogue should be established with the representative DPOs.

Starting process for baseline report to be submitted after two years

States should include in their first report statistical information that will allow a monitoring of the situation over time.

Improve statistical base

DPOs should request from their Governments the collection of data that will allow to measure and monitor the progress in the situation of human rights of persons with disabilities in the country. Statistics should not be limited to establish the number of persons with disabilities and their situation, but should also provide information on the barriers faced by persons with disabilities in the different areas of life.

Revise international co-operation

DPOs have to request from their Governments (whether these are donor or partner countries) to be fully involved in the design and implementation of international cooperation activities, both disability-specific and mainstream.

Meaningful involvement of DPOs in mainstream initiatives

DPOs have to request from States that they are fully involved in all relevant national strategies initiatives and decision-making process, including human rights strategies, poverty reduction strategies, and MDG related initiatives. DPOs shall request to be members of all relevant Committees and other monitoring structures.

b. Suggestions for DPOs own actions

Strengthen the co-operation among DPOs

DPOs need to continue strengthening the co-operation among them in order to maximize the impact of their demands.

Increase their capacity: CRPD, alternative reports, policy analysis, legal work

DPOs need to be aware that to be effective in their advocacy work, they need to acquire not only a profound knowledge on the implications of the CRPD, but also a good understanding of how to use the regional and international monitoring processes to support their national advocacy work. In particular, the skills to produce effective parallel reports to the CRPD Committee, other UN human rights treaty bodies and the Universal Periodic Review.

It is also very important that DPOs plan the reinforcement of their capacities to analyze critically policy formulation and implementation, including understanding of statistical data collection and consolidation, budgeting process, policy review mechanisms, etc.

It includes also an understanding of major policy tools in their country. For instance in many low income countries, support to persons with disabilities is mostly channeled through dedicated program funded by international cooperation which often are extra-legal and extra-budgetary while being presented as governmental action.

In addition, DPOs need to increase their skills and knowledge on how to use the national legal system in particular by using strategic litigation.

Building alliance with human rights NGOs (women, children, against torture, etc.)

DPOs need to build bridges with other national human rights NGOs. This will not only allow DPOs to learn from the experience of these other NGOs but will also contribute to an increased attention to the rights of persons with disabilities by these other organizations.

Monitor mainstream developments

DPOs need to proactively request their participation in all relevant mainstream initiatives in their country and not focus exclusively on disability-specific initiatives.

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For further information see:

1. The Convention on the Rights of Persons with Disabilities: Key legislative measures for its effective implementation, Silvia Lavagnoli,

www.unescap.org/sdd/issues/disability/crpd/files/Paper-I-OHCHR-20110121.pdf

2. The UN Convention on the Rights of Persons with Disabilities: an Integral and Integrated Approach to the Implementation of Disability Rights,

www.socialsecurity.fgov.be/eu/docs/agenda/18-19_11_10_background_document.pdf