Human Rights and Disability A Manual for National Human Rights Institutions More generally, in an important Resolution on ‘National institutions for the promotion and protection of human rights’, adopted on 17 December 2015,9 the UN General Assembly specifically welcomed the work of NHRIs in the Conference of States Parties to the Convention on the Rights of Persons with Disabilities and actively encouraged all treaty monitoring bodies – including, specifically, the CRPD Committee10 – to further enhance the participation of NHRIs.11 This Resolution reflects growing practice across the UN system and is a welcome encouragement for greater engagement by NHRIs on disability issues and other human rights issues more broadly. This Manual includes an in-depth look at the concluding observations of the CRPD Committee on article 33(2) in its 2015 sessions (see Part II) involving 33 States. The Committee’s recommendations are unusually strong and clear. Although most States have yet to fully comply with the letter and spirit of article 33(2), it is clear that the Committee has a very positive vision of the role of NHRIs, especially when they work closely with civil society. This ensures there is space for ‘added value’ to be generated by NHRIs in the area of disability and human rights. Part II also features examples of valuable work that has been undertaken by NHRIs, which demonstrates promising practice that can be emulated by others. In 2016, seven State reports were considered by the CRPD Committee during its session in March/ April; six parallel reports (or ‘shadow reports’) were submitted by NHRIs. These parallel reports are generally short, focused and designed to alert Committee members to specific challenges that the NHRIs have noted in their respective countries. This contribution of independent and credible information is of great value to the Committee. NHRIs have also been present at most of the Committee’s open ‘Days of Discussion’ and they have contributed actively to the drafting of general comments and other statements. This is a very substantial track record and one that will only grow in importance in the future. INNOVATIONS IN THE CONVENTION To fully appreciate the added value and potential of NHRIs as agents of change, it is important to understand the relatively recent switch to a human rights framing of disability. Key to understanding this new framing is recognising that the UN CRPD does not create new human rights, much less ‘disability rights’. Instead it endorses and promotes the move away from a ‘welfare’ or ‘charity’ model to one based on fundamental human rights and freedoms in the context of disability. In the past, people with disabilities were seen as ‘objects’ to be managed or cared for. The result was a mountain of laws and policies – held together by outdated attitudes – that locked persons with disabilities out of the mainstream and otherwise segregated them. Thanks to the human rights framing of disability, persons with disabilities are now seen as full and equal human ‘subjects’ who enjoy all the rights and privileges of other citizens.12 The UN CRPD, therefore, has huge symbolic importance by endorsing the human rights framing of disability, something that civil society had demanded for the previous two decades or more. This is the focus of Part I of the Manual. More practically, the Convention tailors general human rights norms and obligations that apply for the benefit of all people to the very specific situations and accumulated disadvantages faced by persons with disabilities. It seeks to reverse the legacy of the past and to create a future of equal opportunities for all. The UN CRPD is, therefore, an integral and complementary part of the existing set of UN human rights treaties. Situating the UN CRPD within the existing body of international human rights law is very important. However, the Convention also innovates in several important respects. In fact, its many innovations are very relevant for how we think about existing human rights law. For one thing, it expands our idea 4 9 General Assembly resolution 70/163; available at www.asiapacificforum.net/resources/ga-resolution-nhris-2015/. 10 Ibid, para. 16. 11 Ibid, para. 14. 12 D. MacKay, ‘The United Nations Convention on the Rights of Persons with Disabilities’ in Syracuse Journal of International Law and Commerce, Vol. 34, 2007, pp. 323-331.