Part II The law: International human rights law and disability
Section I Convention on the Rights of Persons with Disabilities
Chapter 4:
International monitoring:
The tasks and functioning of the
Committee on the Rights of Persons
with Disabilities
KEY QUESTION
• What is the composition and role of the Committee on the Rights of Persons
with Disabilities?
4.1. COMPOSITION, APPOINTMENT AND OPERATION
The Committee on the Rights of Persons with Disabilities is the body of independent experts that
monitors implementation of the Convention by States parties (article 34).119 Its members are elected by
States parties at the annual Conference of States Parties.
The Committee discharges its role by:
• Examining periodic reports by States parties on their implementation of the Convention
• Issuing State-specific recommendations through concluding observations on State examinations
• Clarifying aspects of the Convention and developing jurisprudence through the development of
general comments, guidance and recommendations
• Undertaking capacity building activities with States parties
• Assessing individual communications under the Optional Protocol to the Convention
• Conducting inquiries under the Optional Protocol to the Convention.
The process of electing members to the Committee is set out in article 34 of the UN CRPD. Members
serve four-years terms for a maximum of two terms. They undertake this role in their personal capacity,
not as representatives of their State.
Article 38 focuses on the relationship between the Committee and other bodies which include, in the
main, UN bodies. It does not explicitly mention NHRIs. Nevertheless, the Committee has the inherent
jurisdiction to grant audience to NHRIs. Indeed, this is explicitly reflected in Rule 51 of its Rules of
Procedure, adopted in 2014:
Representatives of national human rights institutions may be invited by the Committee to make oral or
written statements and provide information or documentation in areas relevant to the Committee’s activities
under the Convention to meetings of the Committee.120
119
More information on the Committee is available at www.ohchr.org/EN/HRBodies/CRPD/Pages/CRPDIndex.aspx.
120
CRPD/C/1, adopted 5 June 2014.
Chapter 4: International monitoring: The tasks and functioning of the UN Committee on the Rights of Persons with Disabilities | 55