Article 34 [Committee on the Rights of Persons with Disabilities] Article 35 [Reports by States Parties] Article 36 [Consideration of Reports

Abstract

Articles 34–36 of the CRPD set up an international mechanism on monitoring the implementation of the Convention. Although there were innovative proposals during the preparatory works, the mechanism that has been put in place and which is mandatory to all Contracting Parties is very simple. It does not substantially differ from the model of “self reporting” by national governments to an ad hoc treaty body provided by the earlier UN human rights treaties. The system is complemented by further procedures laid down in the OP-CRPD, which is, however, a distinct treaty (and is therefore discussed in another chapter of this Commentary). Articles 34–36 of the CRPD provide the general legal framework regarding state obligations on reporting, and the competences of the CRPD Committee to review the reports and make recommendations to Contracting Parties. The expected result is supporting implementation of the rights of disabled persons at the state national level, and preventing non-compliance by Contracting Parties. Like the other human rights treaty bodies, the CRPD Committee cannot impose further legal obligations upon States Parties. This does not mean that its recommendations remain ineffective. The effectiveness of the procedure is enhanced by the relevant CRPD Committee’s RP, “Working Methods” and adopted guidelines, which have embedded some progressive practices (for example, when a given question needs to be considered by the CRPD Committee as a matter of urgency), and to which States Parties generally conform, on a voluntary basis.