Part II The law: International human rights law and disability Section I Convention on the Rights of Persons with Disabilities It is also important to note that the obligation requires States to regulate the actions of both public and private bodies. Most citizens spend a considerable amount of their lives interacting with private entities so it is crucial that these be brought within the scope of national anti-discrimination law. Take the collective voice of persons with disabilities seriously in the setting of policies States parties are obliged to ensure that persons with disabilities, including children with disabilities, and their representative organisations are consulted and actively involved in the development and implementation of laws and policies to implement the Convention, and in other decision-making processes about issues that affect them (article 4(3)). This approach is crucial to the process of change. It is not enough to simply change laws – the process by which these laws were made in the first place needs to change in order that the change itself becomes sustainable. This means that the voice of persons with disabilities must become central to the way policy is developed and decisions are taken. This will require a fundamental shift in the way that governments and NHRIs engage with and involve persons with disabilities and their organisations; a ‘new politics of disability’. In addition to involving persons with disabilities in the work they do, NHRIs should promote and monitor their effective involvement by all arms of the State. Some may also support persons with disabilities and their representative organisations to be more effective in their engagement with government. This could involve, for example, providing training on human rights or through acting as a convener between persons with disabilities and State agencies. Mainstream disability in existing laws and policies States parties are required to take into account the protection and promotion of the human rights of persons with disabilities in all policies and programs (article 4(1)(c)). This obliges governments to take concrete steps to ensure that the rights of persons with disabilities are mainstreamed into policy making and program development, including both domestic and foreign policy. Progress towards this goal can be measured using an impact assessment – which NHRIs can assist States to design and implement – and include the scrutiny of proposals, draft laws and programs and through the involvement of persons with disabilities in the design, development and implementation of policy and programs. NHRIs should follow same principles and mainstream disability into their ongoing work; for example, on gender. Progressively realise those elements of the rights in the UN CRPD that are economic, social and cultural in nature States parties are obliged to take measures to achieve progressively the full realisation of the economic, social and cultural rights included in the Convention, to the maximum of their available resources and, where needed, within the framework of international cooperation (article 4(2)). Not everything can happen straight away, especially in the context of disability, where whole systems have evolved over time and need to be transformed. However, States have an obligation to do as much as they can to give effect to the socio-economic rights contained in the Convention. They must take deliberate, concrete and targeted steps towards the realisation of economic, social and cultural rights “to the maximum extent of their available resources”. Transformation of existing systems is key to achieving the aims of the UN CRPD. To do this, States need to evaluate their existing systems and have a plan for change with dedicated resources and a clear timeline. Tracking the pace and implementation of change is critically important. NHRIs have a key role to play here, as governments will often claim that the cost is prohibitive or that now is not the right time. Scarce resources are always a reality for governments. However, NHRIs can and should insist that their government prepares a plan for change. For example, they can encourage and support government to consult with civil society, set clear targets and milestones and adopt an open review process to measure change. Chapter 3: Overview of the purpose, content and structure of the Convention | 41