Abstract

The exploration for tools and approaches that will make the UN human rights treaty system more impactful has been ongoing for over thirty years. The UN Convention on the Rights of Persons with Disabilities continues to represent the most innovative approach to effecting human rights implementation at the domestic level, through placing obligations on States to designate a Disability Focal Point within government and an Independent Monitoring Mechanism outside of government. This article examines the role of Disability Focal Points and considers in particular how the current drive for the establishment of National Mechanisms for Reporting and Follow-Up may have unintended consequences for their development. The article utilises the United Kingdom as a case-study to assess the potential benefits of allocating responsibility for international reporting and follow-up to a Disability Focal Point. The article finds that the role performed by Disability Focal Points at the domestic level makes them best placed to coordinate reporting and follow-up relating to the CRPD. Furthermore, the fact that Disability Focal Points are fully integrated into domestic national policy mechanisms means that they ought to be well positioned to harness the transformative potential of the treaty body examination process.

Highlights

  • The establishment of governmental human rights focal points (GHRFPs) is emerging as a widespread State practice.[1]

  • If it is the case that treaty examinations and follow up activities provide opportunities for learning and procedural innovation, consideration is required as to whether these opportunities are more likely to be capitalised by bureaucrats working within a CRPD focal point or those within an NMRF.[58]

  • Whilst it has long been accepted that committed bureaucrats are key to bringing about human rights compliance through socialising and persuading their colleagues, there is limited exploration of how they go about doing so

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Summary

INTRODUCTION

The establishment of governmental human rights focal points (GHRFPs) is emerging as a widespread State practice.[1]. As with all public actors within the national human rights system, GHRFPs participate in domestic processes alone or in cooperation with other domestic actors, as well as interacting with international and regional human rights mechanisms.[2] Governmental focal points for the rights of persons with disabilities are a case-in-point They were first mentioned in soft law guidance in the 1980s, but became a legal obligation for the States having ratified the 2006 Convention on the Rights of Persons with Disabilities (CRPD or Convention). This article seeks to assess the contribution of the CRPD to the notion of focal points by both looking at the legal prescriptions and an example of State practice It cross-examines this contribution in light of the 2016 international guidance on National Mechanisms for Reporting and Follow-Up (NMRFs),[3] which is the sole guidance on comprehensive GHRFPs.[4]. The CRPD system emphasises the role of domestic actors in translating norms in the

See introduction to this Special Issue
CRPD FOCAL POINTS AS GOVERNMENTAL HUMAN RIGHTS FOCAL POINTS
GOVERNMENT-BASED STRUCTURE
HUMAN RIGHTS MANDATE
COORDINATION
SPECIALISED KNOWLEDGE
PERMANENCE OF THE STRUCTURES
PROFESSIONAL STAFF AND RATIONAL ADMINISTRATIVE CAPACITIES
ENGAGEMENT WITH INTERNATIONAL HUMAN RIGHTS MECHANISMS
INFORMATION MANAGEMENT AND PLANNING
CONSULTATION WITH OTHER STAKEHOLDERS
COORDINATION OF EXECUTIVE ACTORS INVOLVED IN IMPLEMENTATION
THE UNITED KINGDOM’S CRPD FOCAL POINT AS A CASE STUDY
ESTABLISHMENT OF THE UK CRPD FOCAL POINT
REPORTING AND FOLLOW-UP
THE PROMOTION – AUTHORITY DILEMMA IN PRACTICE
FACILITATING THE VOICE OF PERSONS WITH DISABILITIES
Findings
CONCLUSION
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