Part III The practice: What NHRIs can do to contribute to the process of change
Section I Getting ready to engage
• Amend the founding statute of the NHRI, if necessary and if part of the designated framework, to
remove any obstacles to it assuming this role and/or to clarify specifically its role in relation to the
Convention and to empower it to carry out this role effectively
• Provide additional, adequate resources to assume the role of independent mechanism, including
administrative and program-related costs
• Create a new body, where necessary, capable of meeting the principles relating to the
establishment and functioning of national institutions for the protection and promotion of human
rights, including through the reform or integration of existing institutions. 250
THE PROCESS OF DESIGNATING THE INDEPENDENT MECHANISM
• The Government of the United Kingdom laid an ‘Explanatory Memorandum’
before Parliament on the occasion of ratifying the UN CRPD in July 2009,
which detailed the ‘independent mechanisms’ under article 33(2). These
arrangements had been previously agreed with the four designated
organisations (the Equality and Human Rights Commission, the Scottish
Human Rights Commission, the Northern Ireland Human Rights
Commission and the Equality Commission for Northern Ireland). The
Government did not, however, consult with persons with disabilities before
determining the independent mechanisms for the United Kingdom and nor
were any of the designated organisations provided with any general increase
in funding to assume this role.250
• On ratifying the UN CRPD in 2009, the Danish Government also laid an
explanatory memorandum before the Danish Parliament stating that “the
Ministry for the Interior and Social Affairs will initiate a study in cooperation
with the Ministry of Finance to determine how the existing structures in the
field may be developed to conduct monitoring of the implementation of
the Convention. Finally, the Government will continue the cooperation with
the organisations who represent persons with disabilities” (Parliamentary
Decision B194/2009). Following an examination of the different options
for a framework under article 33(2) and discussions in the Intra-Ministerial
Committee on Civil Servants on Disability Matters, the Ministry for Social
Affairs formulated a Proposal for a Parliamentary Decision on “the
promotion, protection and monitoring of the implementation of the UN
Disability Convention on the Rights of Persons with Disabilities”, which was
adopted on 17 December 2010. The Parliamentary Decision appointed the
Danish Institute for Human Rights (DIHR) with the task to “promote, protect
and monitor the implementation of the CRPD”. Although the concept of
‘independent mechanism’ is not mentioned specifically in the Parliamentary
Decision, it is clear from the wording that the DIHR has the leading role and
is the independent mechanism. The explanatory note to the Parliamentary
Decision provides that the Danish Institute for Human Rights, the Danish
Disability Council and the Parliamentary Ombudsman constitute the
framework to promote, protect and monitor the Convention. The DIHR has
also been provided with approximately 620,000 Euros annually to carry out
this task.
250
Discussed in OHCHR/G. De Beco, ‘Implementation of Article 33 of the United Nations Convention on the Rights of Persons with
Disabilities in Europe’, 2013; available at http://europe.ohchr.org/Documents/Publications/Art_33_CRPD_study.pdf.
Chapter 7: The institutional architecture for change and the place of NHRIs | 99
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