Reflections on the Establishment of a Framework to Promote, Protect and Monitor Implementation of the UN Convention on the Rights of Persons with Disabilities (Article 33(2) CRPD) by the European Union

Abstract

Article 33(2) CRPD requires States Parties to establish a “framework” which will “promote, protect and monitor implementation” of the Convention. States Parties may designate one or more existing institutions, or establish a new mechanism to carry out these tasks. Whatever approach is adopted, the “framework” must include one or more independent mechanisms which comply with the Paris Principles (Principles relating to the status and functioning of national institutions for protection and promotion of human rights). This obligation also binds the European Union (EU), which has now concluded the Convention. At present there does not exist one EU body or institution which has a mandate that would allow it to carry out the full range of tasks associated with “promoting, protecting and monitoring” implementation of the Convention. However, there exist a number of bodies which may be capable of carrying out elements of these tasks. The purpose of this paper is to reflect on the role which specific EU institutions could play in the implementation and monitoring framework. The following key institutions are examined: the European Union Agency for Fundamental Rights; the European Ombudsman; and the Court of Justice of the European Union. For each institution, it is reflected on what role, if any, they could play in each of the three core tasks of promoting, protecting and monitoring implementation, and the extent to which the institution in question complies with the Paris Principles. In addition, the potential role of a number of other EU institutions, including the European Parliament, is also considered.