Module 7.1

State Reporting to the Committee on the Rights of Persons with Disabilities

Understand the purpose and content of State reports to the Committee on the Rights of Persons with Disabilities

Understand the process of drafting and submitting reports

What is the Committee The reporting requirement The treaty body reporting

cycle Methodology Reporting guidelines List of issues The Committee session Concluding observations Follow-up Functions of reporting

Objectives Module flow

The Committee on the Rights of Persons with Disabilities

The Committee

Reporting Thematic work Optional Protocol

Administration

The reporting requirement

Each State Party shall submit to the Committee, through the Secretary-General of the United Nations, a comprehensive report on measures taken to give effect to its obligations under the present Convention and on the progress made in that regard, within two years after the entry into force of the present Convention for the State Party concerned.

Thereafter, States Parties shall submit subsequent reports at least every four years and further whenever the Committee so requests.

Art. 35 (1)‒(2)

The treaty bodies’ reporting cycleSTATE

submits report

COMMITTEElist of issues

STATEsubmits answers

COMMITTEE’sconcluding

observationsCOMMITTEE’S SESSION

State presents the report and respond to the Committee’s

questions

STATEimplements

recommendations

COMMITTEE’sfollow-up

Methodology

INITIAL REVIEW OF KEY ISSUES

FOCAL POINT/COORDINATION MECHANISM SETS UP REPORTING GROUP

LEGAL ANALYSIS DATA COLLECTION

ANALYSIS AND PREPARATION OF THE DRAFT REPORT

CONSULTATION WITHIN AND WITHOUT GOVERNMENT AND FINALIZATION

Reporting guidelines

The purpose of reporting guidelines is to advise States parties on the form and content of their reports, so as to facilitate the preparation of reports and ensure that these are comprehensive and presented in a uniform manner by States parties. Compliance with the reporting guidelines will also reduce the need for the Committee to request further information…

CRPD/C/2/3, para. 2

Example: political rightsThe reporting guidelines request information on article 29 (political rights) as follows: Legislation and measures taken to guarantee

political rights, in particular to persons with psychosocial or intellectual disability

Measures taken to ensure the right to voteMeasures taken to ensure full accessibility of voting Indicators measuring full enjoyment of the right to

vote Support provided for the establishment and

maintenance of OPDs

Example: political rights in PeruThe Government of Peru responded: Act 29478 of 2009 provides the necessary legal

framework National election cards are provided free to persons

with disabilities, subject to eligibility Polling booths and ballot papers are accessible 10,758 out of 38,305 registered persons with

disabilities exercised their right to vote (2004‒2007) Registration of 310 NGOs working in the area of

disabilities enables them to access international cooperation funding and undertake other activities

The list of issues: TunisiaThe report provided no information on the prevention of violence against children.

Initial report of Tunisia

Please explain the specific measures provided for in the Child Protection Code to protect children with disabilities. How are cases of violence against children with disabilities dealt with?

Committee’s list of issues to Tunisia

In this regard we should like to mention that the Child Protection Code promulgated by Act No. 92 of 9 November 1995 guarantees children in general and children with disabilities in particular freedom from various forms of exploitation, violence and abuse. Under the said Code, sexual or economic exploitation and habitual mistreatment of children are considered as difficult situations that require swift intervention by both child protection officers and family judges in order to protect children.

Tunisia’s response to the Committee

Concluding observations: Tunisia

The Committee is particularly concerned at the low rate of reporting of cases of habitual mistreatment of children, including children with disabilities, which may amount to situations of danger, in view of the results of the Multiple Indicator Cluster Survey […].

The Committee recommends: (a) Evaluate the phenomenon of violence against boys and girls with

disabilities, and compile systematic disaggregated data […];(b) Ensure that institutions providing care for children with

disabilities are staffed with specially trained personnel, subject to appropriate standards, regularly monitored and evaluated, and establish complaint procedures accessible to children with disabilities;

(c) Establish independent follow-up mechanisms;(d) Take steps to replace institutional care for boys and girls with

disabilities with community-based care.CRPD/C/TUN/CO/1, paras. 16–17

Implementation of recommendations Issue a press release and hold a press

conference Publish the concluding observations and

recommendations Circulate them to all relevant ministries

and departments Meet with civil society Hold a round table Establish a time-bound implementation

plan Seek United Nations assistance Other …

Functions of reporting Reviewing implementation Identifying strengths and weaknesses Seeking international expert assistance Improving data collection and analysis Improving knowledge on the Convention Strengthening coordination in

Government Strengthening dialogue with civil society

organizations and NHRIs Sharing experience internationally Other … ?

Sources

Convention on the Rights of Persons with Disabilities; Reporting guidelines (CRDP/C/2/3); Initial report of Peru List of issues, Tunisia Concluding observations, Tunisia www.ohchr.org/EN/HRBodies/CRPD/Pages/Sessions.a

spx (accessed 10 August 2012)