Part II The law: International human rights law and disability Section II Other international and regional human rights instruments and disability institutionalisation, which reportedly affects eight million children globally.181 For example, the Committee expressed concern about the widespread institutionalisation of children with disabilities following its examinations of Croatia and Hungary. With respect to Croatia, the Committee noted that: … the number of children with disabilities in institutional care is increasing and there is a lack of adequate treatment and care in these institutions.182 The absence of inclusive education for children with disabilities has also become a focus for the Committee, which accords with article 24 of the UN CRPD. For example the CRC Committee called upon Morocco to: Set up comprehensive measures to develop inclusive education and ensure that inclusive education is given priority over the placement of children in specialized institutions and classes.183 Similarly, the Committee recommended that Germany: … pursue the establishment of State-wide inclusive education and ensure that the necessary resources are available.184 There is a natural overlap between the two conventions, especially with respect to de-institutionalisation and inclusive education. It is only natural that NHRIs focusing on children’s rights can and should incorporate a disability perspective in their work. 5.6. THE UNIVERSAL PERIODIC REVIEW AND DISABILITY The Universal Periodic Review (UPR) is a unique process which involves a review of the human rights records of all UN Member States.185 The right of persons with disabilities feature regularly in these reviews, which provide further opportunity for NHRIs (and for civil society) to influence the scrutiny of their State’s performance under international human rights law and standards and to promote ratification of the UN CRPD where their State has not yet done so. As OHCHR explains: NHRIs can submit information which can be added to the “other stakeholders” report which is considered during the review. Information they provide can be referred to by any of the States taking part in the interactive discussion during the review at the Working Group meeting.186 OHCHR has also issued extremely useful ‘Technical Guidance’ for NHRIs on the second cycle of UPR (2012–2016).187 This guidance covers issues such as how NHRIs can intervene and what they should consider when preparing written submissions. Many NHRIs have taken full advantage of the UPR process to highlight disability issues. For example, the 2015 UPR submission of the Australian Human Rights Commission advocated that the State fully fund the new National Disability Insurance Scheme, support an inclusive employment culture and introduce legal protections to ensure no sterilisation of persons with disabilities without their consent.188 The 2011 submission of the Irish Human Rights and Equality Commission recommended that Ireland ratify the UN CRPD.189 181 Lumos, The Time is Now – Ending the Institutionalisation of Children Globally, 2014; available https://wearelumos.org/content/ time-now-ending-institutionalisation-children-globally-0. 182 CRC/C/HRV/CO/3-4, para. 42. 183 CRC/C/MAR/CO/3-4, para 53. 184 CRC/C/DEU/CO/3-4, para 51. 185 More information on the UPR is available at www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx. 186 See www.ohchr.org/EN/HRBodies/UPR/Pages/NgosNhris.aspx. 187 Available at www.ohchr.org/EN/HRBodies/UPR/Pages/NoteNHRIS.aspx. 188 Available at www.ohchr.org/EN/HRBodies/UPR/Pages/AUSession23.aspx. 189 Available at www.ohchr.org/EN/HRBodies/UPR/Pages/IESession12.aspx. Chapter 5: UN human rights instruments and related processes | 77