Part II The law: International human rights law and disability Section I Convention on the Rights of Persons with Disabilities Smart and joined-up government A clear focal point within government (article 33(1)) A lack of coherent focus on persons with disabilities within governments in the past has led to wide gaps in policies across a range of issues. As a result, people with disabilities have fallen through these gaps, with terrible personal consequences. Joined-up government is important for everyone, but it is especially important for persons with disabilities. They have been particularly ill-served by processes of governance and service delivery that do not recognise the dangers that arise from policy ‘grey areas’ or discontinuing services. The Convention does not set out what form a government focal point (or focal points) should take or the specific functions that should be performed by the focal point. In some cases, new arrangements may have to be established. In other cases, existing arrangements may be capable of assuming this role. The note to the 2014 Conference of States Parties, prepared by the Secretariat for the Convention on the Rights of Persons with Disabilities, suggested some key elements that should be considered when establishing a government focal point:90 • Mainstreaming: A lead focal point in government should ideally be complimented by focal points across government departments/ministries to encourage mainstreaming and to coordinate the implementation of policies and programs. In other words, more than one focal point may be necessary. One very successful example is the coordination of civil rights divisions within key United States government departments (e.g. the Department of Education) with the ‘lead’ civil rights division located in the Department of Justice. • Reflect the principles underlying the Convention: The choice of location for the lead focal point should reflect the principles that underlie the Convention, “with preference given to ministries responsible for human rights, social affairs and justice (and designation to the ministries of health or of welfare and labour avoided)”. In other words, it is both the symbolism and the power of the relevant department that should be the guiding principle in locating the lead focal point. It is the power to generate sustained change that matters most. • Senior level support: The focal point should be either located in, or enjoy support from, the most senior levels of government, such as the Office of the President or Prime Minister, and be accountable to a senior minister. • The power to lead and coordinate: Related to the previous point, it is critical that the focal point has the authority to lead and coordinate government-wide initiatives and that it has the expertise to promote, guide, inform and advise across government. • Oversight of the Convention: The focal point should take the lead role on monitoring, reporting, awareness raising, liaison with the monitoring framework and interacting with civil society, including organisations of persons with disabilities, regarding implementation of the UN CRPD. Importantly, and consistent with the theme of ‘voice’, the focal point (or focal points) should actively consult with persons with disabilities. It is not advisable, however, that the focal point directly include persons with disabilities and their representative organisations. That would cross the line into executive territory. But, at a minimum, the focal point should only act after close consultation with civil society, which can be done by setting up a consultative forum or platform. 90 ‘National Implementation and Monitoring: Matters relating to the Implementation of the Convention’; available at www.un.org/ disabilities/documents/COP/COP7/CRPD.CSP.2014.3.E.pdf. Chapter 3: Overview of the purpose, content and structure of the Convention | 47