Human Rights and Disability A Manual for National Human Rights Institutions
4.6. PROVIDING STATE-SPECIFIC RECOMMENDATIONS THROUGH
CONCLUDING OBSERVATIONS
The concluding observations made by the CRPD Committee to States parties contain a wealth of
guidance. Each set of concluding observations must be read on their own. Cumulatively, they help to
inform the overall approach and evolving jurisprudence of the Committee.146 This can be summarised
in the following points.
First, with respect to States’ approaches to implementation of the UN CRPD, the Committee has
concluded that States should:
• Establish clear and coherent national action plans to implement the rights of persons with
disabilities
• Fully include persons with disabilities in the implementation of the Convention
• Improve statistics and data collection concerning implementation of the rights of persons with
disabilities, including ensuring data is disaggregated
• Attend to the requirements of article 33, including designating a focal point within government;
identifying, reforming or establishing a Paris Principles-compliant body to assume the role of
‘independent mechanism’; and ensuring the full involvement of persons with disabilities in
implementation and monitoring.147
Second, regarding ‘dignity rights’, the Committee has concluded that States should:
• Ensure that policy and protocols relating to situations of risk and humanitarian emergency address
persons with disabilities.
• End forced psychiatric treatments, including drugs and electroconvulsive treatment, and
procedures, such as the use of caged net beds, which amount to cruel, inhuman or degrading
treatment
• Outlaw and end the practice of forced sterilisation
• Recognise and implement strategies and actions to address violence against women with
disabilities.
Third, with respect to ‘autonomy rights’, the Committee has concluded that States should:
• Reform law and practice which denies legal capacity on grounds of disability – in particular
intellectual and psychosocial disabilities – and replace substituted decision-making regimes,
such as plenary guardianship, with ‘supported decision-making’
• Reform law and practice which deprives people of their liberty on grounds of disability without
adequate safeguards
• Give official recognition to local sign language
• Remove legal obstacles preventing persons with disabilities from entering into marriage, including
denial of legal capacity.
Fourth, with respect to promoting equality and ending discrimination, the Committee has concluded
that States should:
1. Recognise discrimination on grounds of disability in law and ensure the scope of the legislation
addresses all discrimination, including denial of reasonable accommodation, across all sectors
and areas of life
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146
See http://juris.ohchr.org/en/search/results?Bodies=4&sortOrder=Date.
147
See, for example, CRPD/C/GAB/CO/1, paras. 70-71.