Part II The law: International human rights law and disability
Section I Convention on the Rights of Persons with Disabilities
2. With the involvement of persons with disabilities, States should develop and implement a program
of awareness raising to reinforce positive images of persons with disabilities.
Fifth, with respect to ‘participation rights’, the Committee has urged States to:
• Increase enrolment in school of children with disabilities, ensuring reasonable accommodations
are available and promote inclusive education over special education
• Ensure equal access to health services and address inequalities in health outcomes, including life
expectancy, between persons with and without disabilities
• Address gaps in social protection
• Act to address the significant levels of unemployment among persons with disabilities
• Ensure all persons with disabilities enjoy the right to vote and to repeal laws or regulations which
deny persons with psycho-social or intellectual disabilities the right to vote because they have
been placed under legal guardianship.
While the process of clarifying jurisprudence through concluding observations is ongoing, the patterns
set out above are well entrenched. NHRIs have a key role to play in publicising the concluding
recommendations the Committee has made to their State and advocating for their implementation at
the national level.
4.7. THE COMMITTEE’S ROLE WITH RESPECT TO NATIONAL
CAPACITY BUILDING
Article 37 of the Convention establishes a reciprocal relationship between States parties and the CRPD
Committee. While article 37(1) places obligations on States to cooperate with the Committee and to
assist its members to fulfil their mandate, article 37(2) says that the Committee shall consider ways
and means to enhance national capacities for the implementation of the Convention, including through
international cooperation.
In its own way, the Committee can act as a ‘focal point’ within the UN system, connecting UN assets to
the challenge of developing national capacities. This serves to underscore the constructive nature of the
dialogue between States parties and the Committee. Following the Committee’s special meeting with
NHRIs on 25 September 2014, the Committee issued a statement encouraging NHRIs to:
… avail themselves of the Committee’s role as a capacity-building agent under article 37, paragraph 2, of
the Convention.148
NATIONAL CAPACITY BUILDING IN ACTION
The Spanish Committee of Representatives of Persons with Disabilities
(CERMI) sought the support of the Committee regarding its work to influence
proposed reforms to the Spanish criminal code that would otherwise have
had the result of facilitating deprivation of liberty of persons with disabilities.
CERMI arranged meetings between an expert from the Committee and
Spanish parliamentarians who were, at that time, scrutinising the draft
legislation. In addition, CERMI organised two meetings with media
representatives to raise awareness of the potential impact of the proposed reforms.
148
See CRPD/C/12/2, Annex V.
Chapter 4: International monitoring: The tasks and functioning of the UN Committee on the Rights of Persons with Disabilities | 65