Human Rights and Disability A Manual for National Human Rights Institutions … does not mean however that the only mechanisms which should be included in a framework are NHRIs complying with the “Paris Principles”. While States agree to take these Principles into account in establishing or designating a mechanism for the purposes of Article 33, they will have clearly done so if such an NHRI is included as one of the mechanisms within the framework while retaining its independence.244 Many countries will have subject-specific commissions like a disability policy commission. Ideally, such bodies should also sit alongside NHRIs in the broader framework. Nor should one ‘independent mechanism’ predominate: Article 33, paragraph 2, appears also to allow States to designate multiple mechanisms by thematic divisions of responsibility so that, conceivably, a plurality of such mechanisms might be engaged depending on the function to be performed.245 For example, in addition to NHRIs some States have a Children’s Commissioner; a Data Protection Commissioner; a national preventive mechanism under the Optional Protocol to the Convention against Torture, including bodies that inspect prisons, psychiatric institutions or care settings; an Independent Police Complaints Commission; an anti-discrimination body; an equality tribunal; ombuds offices covering national and local government and the health system; bodies that regulate the media; bodies regulating schools; bodies overseeing health and safety law and regulation; bodies regulating the built environment and transportation, and so on. Many countries also have an active network of civil society organisations and disabled people’s organisations, in particular, which perform a critical function in promoting, protecting and monitoring the rights of persons with disabilities. There is no a priori reason why they should not be included in the framework. Indeed, article 4(3) of the UN CRPD would strongly point to the need to directly involve civil society in this work. While NHRIs have been identified as the “natural core entities of the monitoring framework at the national level”,246 the precise role and responsibilities that NHRIs will assume and the activities they undertake will be highly dependent on the existence and effectiveness of this wider framework, as well as the limits of their own mandate and powers. In some cases this means that it will not be necessary, appropriate or realistic for NHRIs to carry out the full range of functions and activities associated with promoting, protecting and monitoring implementation of the rights of persons with disabilities, where other agencies or institutions are better placed to do so. The strength and effectiveness of these bodies and partnerships will influence the strategic thinking of NHRIs as to which powers to use, when and how. Of course, if these synergies are weak then this has direct implications for the role of NHRIs. In some States, significant gaps or weaknesses may exist in the framework and NHRIs should view it as their role to advocate steps for these gaps and weaknesses to be addressed through the development of an appropriate institutional architecture. This may include the NHRI itself seeking a more expansive mandate and powers; for example, powers of entry to inspect institutions for people with intellectual or psychosocial disabilities. In other situations, it may be advantageous for NHRIs to form working partnership arrangements with other bodies to address these gaps. In all cases, NHRIs should assess and continually monitor the existence and effectiveness of the framework as a whole. Even if an NHRI is not formally designated by the State as a part – much less, the ‘independent’ part – of a national framework, it will continue to have a role to promote and protect the rights of persons with disabilities as part of its broader responsibilities and should advocate for a robust and effective national framework. 96 244 See www.humanrights.gov.au/national-human-rights-institutions-and-national-implementation-and-monitoring-convention-rights. 245 ‘National Implementation and Monitoring: Matters relating to the Implementation of the Convention’; available at www.un.org/ disabilities/documents/COP/COP7/CRPD.CSP.2014.3.E.pdf. 246 OHCHR, ‘Thematic Study by the Office of the United Nations High Commissioner for Human Rights on the Structure and Role of National Mechanisms for the Implementation and Monitoring of the Rights of Persons with Disabilities’, AHRC/13/29, para. 78.