Human Rights and Disability A Manual for National Human Rights Institutions
5.7. THE UN SPECIAL RAPPORTEUR ON THE RIGHTS OF
PERSONS WITH DISABILITIES
The mandate of the UN Special Rapporteur on the rights of persons with disabilities was established
in July 2014 by a Resolution of the General Assembly (26/20).190 The purpose of the mandate is to
“develop a regular dialogue and to consult with States” (para. 2.a). This mandate goes beyond the work
of the CRPD Committee in that it involves a mutual dialogue with States about challenges and solutions.
It also has a focus on both human rights and development. The current Special Rapporteur is Catalina
Devandas Aguiler from Costa Rica.
The Rapporteur is required to consult with other stakeholders, which explicitly includes NHRIs and
national monitoring mechanisms established under article 33(2) of the UN CRPD. This explicit inclusion
of NHRIs in the mandate is an extremely welcome development as it can greatly support the Special
Rapporteur to gather information, make concrete recommendations to States, undertake country visits,
arrange advisory services and so on. An annual report of the Special Rapporteur’s activities is prepared
for the Human Rights Council and another for the General Assembly.
The Resolution establishing the mandate calls on a range of actors, including NHRIs, to cooperate fully
with the Special Rapporteur. The mandate holder interacts with many different UN agencies and bodies,
including specifically the CRPD Committee. In a way, the mandate acts an early warning system to the
CRPD Committee and other treaty bodies and mechanisms on emerging problems and trends.
The current Special Rapporteur has expressed her intention to promote the establishment and
strengthening of national mechanisms for the implementation and monitoring of the UN CRPD, including
NHRIs designated as independent monitoring mechanisms under article 33(2).191
The various country visits undertaken by the Special Rapporteur provide an important opportunity for
engagement by NHRIs. For example, and with respect to her country visit to Moldova in September
2015, she met with and was briefed by the Centre for Human Rights of Moldova (the NHRI) and the
Council for Combating Discrimination and Assuring Equality.192 In her mission to Paraguay in November
2015, she highlighted that the appointment of the Ombudsperson or Defensor del Pueblo was
pending, as well as the importance of ensuring that the institution operates in accordance with the
provisions of the Paris Principles.193 During these visits, NHRIs can play an important role by providing
the Special Rapporteur with information about major challenges and possible solutions.
The Special Rapporteur also receives individual claims with a view to raising them with the State
concerned. There is no reason why these cannot come from NHRIs. The themes of her recent annual
reports have been on effective involvement in decision-making and the need to transform social
protection systems in order to make them inclusive of persons with disabilities.194
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190
A/HRC/RES/26/20.
191
A/HRC/28/58.
192
A/HRC/31/62/Add.2.
193
See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=16811&LangID=E.
194
See A/HRC/31/62 and A/70/297.