Human Rights and Disability A Manual for National Human Rights Institutions
While, ideally, civil society should be consulted by the focal point within government, they can and
should be part of the coordination mechanism within government. They must certainly be part of the
framework for monitoring set out in article 33(2).
Persons with disabilities should also be involved in the work of NHRIs. They may be directly involved; for
example, where persons with disabilities are appointed as Commissioners or staff within NHRIs or where
they sit on advisory groups or committees. Involvement may also be via representative organisations.
Here it is important to draw a distinction between organisations ‘for’ persons with disabilities, such
as some charitable organisations and service providers that are led and staffed overwhelmingly by
persons who do not have a disability, and organisations ‘of’ persons with disabilities, which are led
overwhelmingly by persons with disabilities. It is also important that organisations of persons with
disabilities represent the plurality of persons with disabilities including, in particular, the experiences and
perspectives of people with psychosocial disabilities, intellectual disabilities, women and children with
disabilities, older persons with disabilities and persons with disabilities from minority ethnic or indigenous
groups. Representivity – and judgments about representivity – are inherently difficult and will no doubt
prove challenging.
The Note by the Secretariat for the Convention on the Rights of Persons with Disabilities to the 2014
Conference of States Parties recommends that:
The potential to have national human rights institutions serve as independent mechanisms and organizations
of persons with disabilities as participating entities of the monitoring framework should be explored.
A number of States have taken this approach and examples of their work are provided in Part III of this
Manual.
3.6. TOOLS FOR EFFECTIVE POLICY-MAKING: DATA COLLECTION
(ARTICLE 31)
Article 31 requires States parties to collect appropriate information, including statistical and research
data, to enable them to develop and implement policies to give effect to the UN CRPD. In doing so, they
must comply with established safeguards regarding confidentiality, privacy and data collection, as well
as with ethical principles in the collection and use of statistics.
The Convention also emphasises the importance of disaggregating data in order to identify the necessary
steps required to implement the Convention. This clearly indicates the need for data that identifies the
barriers faced by persons with disabilities in exercising their rights, rather than on the prevalence of
disability or specific impairments.
The UN CRPD also requires that this data is disseminated and accessible to persons with disabilities. A
very recent promising practice involves the Office of the Ombudsman of Samoa and the preparation of
its annual Human Rights Report. In 2016, the report will focus on disability.113 It is currently conducting
a survey to which the public are invited to contribute. Furthermore, it is collecting narrative stories or
case studies of the lived experience of persons with disabilities. This is the first time this has been done
in Samoa and the outcomes will be used to inform policy making.
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Reports of the Ombudsman of Samoa are available at www.ombudsman.gov.ws.