Human Rights and Disability A Manual for National Human Rights Institutions
A coordination mechanism across government
Even when there is a strong and effective focal point on disability policy within government, there is
no guarantee that the implementation of policy will be coherent within and across all government
responsibilities. Setting policies without ensuring their full implementation is sure to create cynicism
about the sincerity of government’s commitment to change. That is why an extra step is often needed:
establishing or designating a coordinating mechanism within government to “facilitate related action in
different sectors and at different levels” (article 33(1)).
Policy and implementation needs to be more than theoretically coherent. It must be delivered in a way
that minimises gaps. Article 33(1) does not explicitly demand the existence of a coordination mechanism,
nor does it specify an ideal form or describe the functions it should assume. However, the Note by the
Secretariat for the Convention on the Rights of Persons with Disabilities to the 2014 Conference of
States Parties states that:
Several States have coordination mechanisms on disability issues in place, in some cases predating
the ratification of the Convention. Although arrangements differ, coordinating committees often include
representatives from various ministries and organizations of persons with disabilities as well as other civil
society organizations, the private sector and trade unions. Their mandates often focus on policy development,
the promotion of dialogue in the disability field, awareness-raising and similar functions. Coordination
committees often have a secretariat, in several cases housed within ministries of social welfare.91 92
PROMISING PRACTICE
While not focused solely on the rights of persons with disabilities, the
Scottish National Action Plan for Human Rights (SNAP) was produced by
a drafting group from across the public and voluntary sectors and overseen
by an Advisory Council whose members reflected the diversity of Scottish
civic life. SNAP will coordinate action by a wide range of public bodies and
voluntary organisations towards achieving its vision of “of a Scotland in which
everyone is able to live with human dignity”.92
A framework outside government to monitor
We have seen that the general obligations contained in article 4 are there to drive and inform a process
of change. However, any credible theory of change requires a ‘reality check’, one that is capable of
highlighting deficiencies or gaps and otherwise assisting in the process of embedding the principles of
the Convention across the work of government. Article 33(2) establishes this framework.
Governments need tools to inform them how well they are doing on disability issues, what kinds of
obstacles exist and how they might be addressed. In addition, government action often needs to be
complemented by the actions of other actors. That is why article 33(2) requires States to:
….maintain, strengthen, designate or establish at the national level a framework that includes one or more
independent mechanisms, to promote, protect and monitor implementation of the Convention.
The Convention specifies that when designating or establishing the “independent mechanism(s)”
to be included in the framework, States parties are to “take into account” the principles relating the
status and functioning of national institutions. This is usually read as meaning the Paris Principles.93
Constructive ambiguity in the text meant that the Paris Principles are not mentioned explicitly.
48
91
Ibid.
92
More information is available at www.scottishhumanrights.com/scotlands-national-action-plan/.
93
General Assembly resolution 48/134; available at www.asiapacificforum.net/resources/understanding-paris-principles/.