Part II The law: International human rights law and disability
Section I Convention on the Rights of Persons with Disabilities
With respect to Germany, the submission made by the German Institute for Human Rights was
especially useful.132 The format of the report was singularly helpful. On any given right or issue, the report
summarised the positions of the State, civil society and the Institute (as the body officially designated as
the independent mechanism in the national monitoring framework). This approach had a direct influence
on the list of issues prepared by the Committee and addressed to the State party, as well as on the
concluding observations of the Committee with respect to Germany.
The parallel report submitted by the Australian Human Rights Commission with respect to the
examination of the Australian State party report was also very powerful.133 This 14-page report
acknowledged a large degree of progress but also focused on areas where progress was slower;
for example, in regulating and policing violence against people with disabilities in institutional settings
(combining analysis of several articles in the Convention), access to justice, involuntary and nontherapeutic sterilisation and employment. This also had a measurable impact on the concluding
observations of the Committee with respect to Australia.
This brief survey shows that NHRI are engaging very effectively with the Committee as part of the State
reporting process. Most of the submissions contextualised the information provided in State reports
and highlighted ongoing deficiencies. Many put forward very practical recommendations to push the
reform process forward. The reports were also economical in length, making them of great use to the
Committee in understanding the national context and those areas where challenges remain.
In their comments on the lists of issues and parallel reports to the Committee during 2017 and 2018
national human rights institutions highlighted the following specific issues for women and girls with
disabilities:
The National Centre for Human Rights Jordan reported on issues of low literacy, unemployment (11
per cent of all disabled people in employment) and their marital status due to a culture of shame and
fear.134 (Session 17, March – April 2017).
The National Human Rights Commission of Nepal reported on issues of sexual violence and rape,
lack of access to the justice due to an inability to express their sufferings to the authorities including
court, difficulties in getting married and, if an accident rendered permanent disability the likelihood of
separation or divorce. Nepal is waiting for the implementation of a Supreme Court verdict to protect
reproductive health for women with disabilities and ensure “disability-friendly” birthing facilities.135
(Session 19, February – March 2018).
The Oman Human Rights Commission highlighted the importance of collaboration to ensure gender
equality in the private and public sector work force.136 (Session 19, February – March 2018).
In its report to 9th pre-sessional working group on the list of issues to be adopted for the review of the
Philippines, the Commission on Human Right of the Philippines highlighted the impact of unequal
recognition before the law and lack of access to justice impacting on outcomes of disability-related
violence – lack of access to economic opportunities, limitation to social mobility, and destruction of
integrity of person.137 (9th Pre-Sessional Working Group, January 2018).
132
13th Session of the CRPD Committee; available at http://tbinternet.ohchr.org/_layouts/treatybodyexternal/SessionDetails1.aspx?
SessionID=982&Lang=en.
133
10th Session of the CRPD Committee; available at http://tbinternet.ohchr.org/_layouts/treatybodyexternal/SessionDetails1.aspx?
SessionID=883&Lang=en.
134
National Centre for Human Rights Jordan, Parallel Report to the Report of the Government on the International Convention on the
Rights of Persons with Disabilities (March 2017), available at http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.as
px?symbolno=INT%2fCRPD%2fIFN%2fJOR%2f16321&Lang=en.
135
National Human Rights Commission of Nepal, Independent Report on the CRPD (February 2018), available at http://tbinternet.
ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=INT%2fCRPD%2fIFL%2fNPL%2f28541&Lang=en.
136
Oman Human Rights Commission, Report for the CRPD, available at http://tbinternet.ohchr.org/_layouts/treatybodyexternal/
Download.aspx?symbolno=INT%2fCRPD%2fNHS%2fOMN%2f30254&Lang=en.
137
Commission on Human Rights of the Philippines, LOI Report for the 9th Pre-Sessional Working Group (January 2018), available
at http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=INT%2fCRPD%2fNHS%2fOMN%2f30254
&Lang=en.
Chapter 4: International monitoring: The tasks and functioning of the UN Committee on the Rights of Persons with Disabilities | 59