COMMITTEE ON THE RIGHTS OF PERSONS WITH DISABILITIES

Call for submissions: Draft General Comment No. 7 on articles 4 (3) and 33 (3), relating to consultation and involvement of persons with disabilities, including children with disabilities in decision-making processes through their representative organizations

During its 19th session (14 February- 9 March 2018) launched the process for adopting its General Comment No. 7 on articles 4.3 and 33.3 of the Convention, relating to consultation and involvement of persons with disabilities, including children with disabilities in decision-making processes, through their representative organizations. At the end of the 19th session, the Committee endorsed its first draft for consultation with the wider public, available in English version here

The Committee, as part of the adoption process, will hold a Half Day of General Discussion in the context of the 11th Conference of States parties to the Convention on the Rights of Persons with disabilities in New York, United States (12-14 June)  

Throughout the process of drafting, negotiation and adoption of the Convention on the Rights of Persons with Disabilities, persons with disabilities and their representative organizations played a fundamental role. Their opinions, participation and effective involvement in all issues concerning the implementation of the Convention have also been the main feature in the implementation of the Convention and in the mandate and work of the Committee on the Rights of Persons with Disabilities. 

Articles 4.3 and 33.3 of the Convention establish the obligations of State parties concerning the effective consultation and involvement of persons with disabilities, including children and women with disabilities through their representative organizations in all decision-making processes concerning issues relating to persons with disabilities. In addition, these obligations entail the full involvement and participation of persons with disabilities through their representative organizations in the monitoring process of the Convention.   

With this General Comment, the Committee intends to clarify, among others:

  1. The defining elements of ‘representative organizations’ of persons with disabilities and the distinction between organizations of persons with disabilities and other civil society organizations;
  2. The scope and criteria to fulfil the obligation to ‘consult closely’ and ‘actively involve’ persons with disabilities, through their representative organizations in decision-making processes;
  3. The type of decision-making processes concerning issues relating to persons with disabilities, including measures for the implementation of the Convention in the mainstream and disability-specific sectors;
  4. The  scope of the involvement of persons with disabilities, through their representative organizations in the implementation and the monitoring of the Convention, in line with the Convention;
  5. General obligations of the State parties, such as to ensure accessibility to all facilities and procedures related to public decision-making; the principle of good faith in the development of consultations and involvement; the prohibition of discriminatory practices in consultation and participation processes, the principle of autonomy, and support, including through funding for facilitating participation processes.
  6. Concrete guidance on the implementation of articles 4.3 and 33.3 at the national level, including the direct engagement with representative organizations of women and girls with disabilities as well as representative organizations of children with disabilities, and the establishment of permanent consultation mechanisms with organizations of persons with disabilities.

In order to detail its position and jurisprudence, the Committee has endorsed a Draft General Comment on articles 4.3 and 33.3 during its 19th session. The Committee invites interested States parties, focal points, coordination mechanisms, independent monitoring frameworks, national human rights institutions, equality bodies, United Nations funds, programmes, and specialized agencies, entities in the private sector, civil society organizations, and particularly representative organizations of persons with disabilities, academia and any other interested party to provide written input on the issues highlighted above and to contribute to the development of the draft in the following format. 

Format of the written submissions to the draft General Comment on arts. 4.3 and 33.3:

  1. Less than 5,300 words;
  2. In English, Spanish, or French. Submissions will not be translated;
  3. In Word format;
  4. Please do not include comments in the text of the draft general comment but submit them in a separate document including:

a) Identification of the submitting entity;

b) The paragraph number(s) to which the submission refers;

c) Concise comments;

d) Proposed text for amendment, if relevant;

e) Additional topic(s) to be included/left out of the draft general comment, with a short explanation and, if relevant, proposed text. 

Please send submissions electronically to: Ms. Catherinne Pedreros at cpedreros@ohchr.org, copying  Mr. Jorge Araya, Secretary of the Committee, at jaraya@ohchr.org indicating in the subject line “Draft general comment on art. 4.3 and 33.3” by 15 May 2018.  Due to the large number of submissions expected, the Secretariat will not acknowledge receipt of individual submissions, but proceed to post them on the Committee’s webpage. 

To read the submissions received in response to the draft General Comment No. 7, please click here.

27 August 2018 - Statements on Article 4.3 and 33.3 - Participation with persons with disabilities in the implementation and monitoring of the Convention


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