Human Rights and Disability A Manual for National Human Rights Institutions major treaty is almost as unique as it is welcome.3 Those who drafted the Convention – which included representatives from NHRIs – realised that elegant pronouncements within the UN system are unlikely, on their own, to drive change at the domestic level.4 Something else was needed to ensure a dynamic linkage between the rights set out in the UN CRPD and the domestic process of change. Accordingly, the Convention describes a rich triangular relationship between civil society, governments and NHRIs. First of all, this requires that persons with disabilities and their representative organisations are directly involved in the policy development process and in decisions that affect them (articles 4(3) and 33(3)). This is in keeping with the Convention’s deeper commitment to the full and equal personhood and voice of all persons with disabilities. Second, there is no point in strengthening the collective voice of persons with disabilities unless governments become more sensitised to their rights. That is why the UN CRPD calls for “joined up” government efforts on disability issues, with an obligation to take on board the views of civil society (article 33(1)).5 Of course, any process of change needs a reality check. That is why a major driver in the ‘new politics of disability’ that the Convention envisages is a ‘framework’ for monitoring, promoting and protecting the rights of persons with disabilities, specifically including independent NHRIs in this work (article 33(2)).6 NHRIs play a significant part not just in monitoring – and thus providing a reality check on the process of change – but in promoting the goals and principles of the UN CRPD and intervening to protect and advance the rights and interests of persons with disabilities. All three pillars in this process of change are important. However, the relationship between civil society and NHRIs is particularly important since they are both, in their own ways, important and mutually reinforcing agents of change. This Manual seeks to describe the constructive role that NHRIs can play in this reform process. It also shares a number of examples of good practice to encourage and equip NHRIs for this work. THE VALUE OF NHRIs IN THE INTERNATIONAL HUMAN RIGHTS SYSTEM NHRIs have an important role to play in the international human rights system, both generally and in relation to disability. They can and do contribute to the various treaty monitoring bodies when reviewing the record of their own countries. They can and do participate in the Universal Periodic Review (UPR). They can and do participate in norm-setting activities, most recently in the processes of the Open Ended Working Group to consider proposals for drafting a new thematic treaty on the rights of older persons. And, of course, they interact with the special procedures of the UN Human Rights Council, including the Special Rapporteur on the rights of persons with disabilities. Further, as Professor Andrew Byrnes recounts, NHRIs played a prominent role in drafting the UN CRPD.7 They also collaborate regionally to assist one another and to contribute to regional human rights mechanisms, including those related to disability. In short, NHRIs are active participants in helping to inform, shape and reshape international human rights mechanisms and the understanding of international human rights norms. This two-way focus – contributing at the international level and in domestic processes of change – has been welcomed and endorsed by the UN treaty monitoring bodies, including the Committee on the Rights of Persons with Disabilities (the CRPD Committee) and the UN General Assembly. 2 3 See also the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; available at www.ohchr.org/EN/ProfessionalInterest/Pages/OPCAT.aspx. 4 G. Quinn, ‘Resisting the ‘Temptation of Elegance’: Can the Convention on the Rights of Persons with Disabilities Socialise States to Right Behaviour?’, in O. Mjöll Arnardóttir and G. Quinn (eds), The UN Convention on the Rights of Persons with Disabilities: European and Scandinavian Perspectives, 2009. 5 Ibid. 6 Ibid. 7 A. Byrnes, ‘The Role of National Human Rights Institutions’, in M. Sabatello and M. Schulze (eds) Human Rights and Disability Advocacy, 2014, pp. 223-238.