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DRPI National Law and Policy Monitoring Template

Copyright © 2011 Disability Rights Promotion International (DRPI)
All rights reserved. March 2011. Printed in Canada.

PDF Version

Co-authors

  • Paula Pinto (Research Associate, DRPI)
  • Mihaela Dinca-Panaitescu (Canada Project Co-ordinator,DRPI)
  • Rita Samson (International Project Co-ordinator, DRPI)

Contributors

  • Yvonne Peters (Manitoba, Canada)
  • Roxanne Mykitiuk (Toronto, Canada)
  • Normand Boucher (Quebec, Canada)
  • Kalpana Kannabiran (Hyderabad, India)
  • Lauro Purcil (Manila, Philippines)
  • Kithure Kindiki (Nairobi, Kenya)

In developing its training resources, DRPI has worked in partnership with members of organizations of persons with disabilities who have participated in pilot projects in Bolivia, Cameroon, Canada, India, Kenya, New Zealand and the Philippines, along with participating monitors, site coordinators and project coordinators from each of those countries.  All have contributed to the content and organization of this template and manual.

Swedish International Development Agency (SIDA) LogoThis publication has been financed by the Swedish International Development Cooperation Agency, Sida. Sida does not necessarily share the views expressed in this material. Responsibility for its contents rests entirely with the author.

1. Introduction to the Template

The DRPI Law & Policy Monitoring Template has been developed to collect, assess, report and track information about protections of the rights of persons with disabilities found in national laws, policies and programs, using the principles and rights established in the CRPD and other international human rights instruments as benchmarks.

A major goal of the template is to identify and draw attention to the critical gaps and deficiencies in national legislative and policy frameworks in protecting and promoting the human rights of persons with disabilities. The template measures both the laws, policies and programs currently on the books and also the degree to which persons with disabilities enjoy their rights in practice.

Note #1
Sometimes these offices are referred to as ombud, ombudsperson, or ombudsman.
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Note #2
CRPD Article 33(2) states : States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention. When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights. [emphasis added]
Return

The DRPI law and policy template can be used by many groups including organizations of persons with disabilities (DPOs), governments, national human rights institutions, Ombuds offices1 and other independent mechanisms established under CRPD, Article 33(2)2.

At the national level, governments, DPOs and other organizations and individuals can use the template to identify areas in need of legal and policy reform, provide recommendations for changes and improvements and measure a country's progress toward the full realization of the rights of persons with disabilities over time.

Note #3
Sometimes these reports are also called Alternative Reports or Parallel Reports.
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At the international level, governments can use the law and policy template to draft and present their Initial and Periodic State Reports on compliance with the CRPD and other international human rights instruments. The template can be used by DPOs to collect and assess the information needed for Shadow Reports3. The template helps DPOs to highlight inaccurate, outdated and omitted data in State reports and to identify gaps in existing legal and policy frameworks. The monitoring information collected and assessed using the template also assists DPOs to participate in other aspects of state reporting processes such as collaborating with governments to produce detailed and comprehensive State Reports, lobbying treaty body members to focus on particular issues when following up with governments and trying to influence the recommendations made in the treaty body's concluding observations. While the roles these organizations will play in these processes are not yet finalized, the template will also assist national human rights institutions, Ombuds offices and other independent mechanisms to participate in State reporting.

Finally, because the template is being used in many countries around the world, it provides a means to compare information across countries, identify best practices and craft innovative solutions.

2. The Components of the Template

This assessment tool is made up of a number of columns:

Column (1) International & Regional Human Rights Standards (Convention/Article): identifies the articles and sections of the international and regional human rights treaties, including the CRPD, related to the right that is covered by the questions asked in Column (2). An explanation of the abbreviations used for a number of human rights instruments is found at the beginning of the Template guide. Brackets are used when an article in an international treaty is considered relevant in the context of disability but does not specifically mention persons with disabilities in its text. Monitors do not need to insert any information into Column (1) as that will already be in the electronic or paper template that they are filling in.

Column (2) Question: poses a question based on what the country has to do for persons with disabilities under human rights treaties found in Column (1). Question 0 is the most general question of the template and provides a way to summarize information once all of the information from Questions 1-38 has been collected and analyzed. There is really no yes or no answer to Question 0.

Column (3) Definitions and Items Considered in the analysis: sets out relevant definitions taken from the text of the CRPD and also a list of considerations to guide the Monitors' analysis. These considerations are useful in interpreting and clarifying the meaning of the questions included in Column (2). Monitors can choose whether or not to take these considerations into account when they are collecting and analyzing the information.

IMPORTANT TIP: Whenever a list of considerations for analysis is included in Column (3), Monitors need to indicate with check marks in Column (3) which of the considerations they took into account in responding and collecting information.

Column (4) Description & Record of Relevant Laws/Policies Relied Upon in Analysis: Monitors collect information and sources of data that are relevant to their legal system and the question being considered by the Monitor. For example, Monitors will be looking for whether or not there is a written constitution, legislation, case law, policies and programs. Monitors need to provide accurate and full references to all of the legal sources that they use. It is also important to provide direct quotations of relevant passages in laws, policies and programs since the specific wording used can make a difference in the way that laws, policies and programs are interpreted. It is recommended that Monitors create separate computer files for each of the Template questions and include the relevant legal and policy sources in those files.

Column (5) Other Sources Used in Analysis: Here, Monitors look to other sources of data to see if they support or act as a barrier to the implementation of the rights under consideration. Sometimes, a law, policy or program can look as though it will help to enable rights when it is on paper but ends up not having a positive impact in realizing rights. Perhaps it has not been enforced or resources have not been allocated to support enforcement of the law, policy or program. Monitors turn to other sources to gather information for this investigation. Some possible sources are:

  • national and local statistics
  • national budgets,
  • policy or research reports,
  • key informant interviews (with, for example human rights lawyers, journalists, NGO representatives) ,

Drawing on these various sources, Monitors gather information to create a more comprehensive picture.

Column (6) Integrated Analysis of laws and policies on the books and other sources and with human rights principles:
Conduct an analysis to identify inconsistencies with the standards in human rights treaties considered in column 1. Include a discussion about how well existing laws and policies meet the 5 general human rights principles (Dignity; Autonomy; Participation, Inclusion & Accessibility; Non-discrimination & Equality; Respect for Difference). In the end, with all the information you found, provide an answer to the question in column 2 by assigning stars in the report card:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment,

The definitions of the general human rights principles follow below.

Dignity:
Dignity refers to the inherent worth of every person. Human rights are about protecting and promoting the self-respect of all people.
Autonomy:
Autonomy is the right of a person to make his or her own choices independently. Autonomy means that the person is placed at the centre of all decisions affecting him or her.
Participation, Inclusion & Accessibility:
Inclusion is the right of all persons to participate fully and effectively. It involves making sure that society is organized to be accessible and is without physical or social barriers.
Non-Discrimination & Equality:

Rights are guaranteed to everyone. It is discrimination for people to be denied their rights based on disability, race, sex, language, religion, political or other opinion, national or social origin, property, birth or age.

Discrimination happens when favouritism is shown to one group of people over another. It may be based on prejudice and is unfair. If there is a law, policy, program, action or failure to act that results in denying persons with disabilities the ability to exercise their human rights, that is discrimination.

Everyone has the right to enjoy human rights equally. Rights, responsibilities and opportunities do not depend on whether someone is born with or without a disability. This does not mean that persons with disabilities will be treated exactly the same as persons without disabilities. Instead, society must be sure that persons with disabilities have what they need to exercise their rights fully – sometimes what a person with a disability needs to exercise his or her rights equally will be the same as what is needed by a person without a disability and sometimes it will be different.

Respect for Difference:
Respect for difference involves recognizing and accepting persons with disabilities as part of human diversity. Difference is not a reason to deny someone their rights and dignity. The responsibility to change does not fall on the individual but on the community and the government and society who must recognize diversity and find ways to be inclusive of the difference that disability represents.

List of Acronyms and Symbols Used

ACHR - American Convention on Human Right, signed at the Inter-American Specialized Conference on Human Rights, San Josi, Costa Rica, 22 November 1969.

ACHR-PSS - American Convention on Human Rights: Protocol of San Salvador (A-52 (adopted at San Salvador, El Salvador, on 17 November 1988 at the eighteenth regular session of the General Assembly of the Organization of American States).

CAT - Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (U.N. Doc. A/39/51 (1984), entry into force 26 June 1987).

CEDAW - Convention on the Elimination of All Forms of Discrimination Against Women (U.N. Doc. A/34/46, entry into force 3 September 1981).

CERD - International Convention on the Elimination of All Forms of Racial Discrimination (U.N. Doc. A/6014 (1966), 660 U.N.T.S. 195, entry into force 4 January 1969).

CRC - Convention on the Rights of the Child (U.N. Doc. A/44/49 (1989), entry into force 2 September, 1990).

CRPD – Convention on the Rights of Persons with Disabilities (UN.Doc. A/RES/61/611 (2006), entry into force 3 May 2008).

ECHR - European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR-P: Protocols) (Rome: 4.XI.1950) (adopted by the Council of Europe 1950, entry into force on 1953; revised in conformity with Protocolo n° 11, entry into force 1 November 1998).

ESC - European Social Charter (of the Council of Europe; adopted in Turin 18 October 1961).

IACEDPD - Inter-American Convention on the Elimination of All Forms of Discrimination Against Persons with Disabilities (Organization of American States, AG/RES. 1608, 7 June 1999).

CCPR - International Covenant on Civil and Political Rights (U.N. Doc. A/6316 (1966), entry into force 23 March 1976).

CESCR - International Covenant on Economic, Social and Cultural Rights (U.N. Doc. A/6316 (1966), 993 U.N.T.S. 3, entry into force 3 January 1976).

MWC - International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (U.N. Doc. A/45/49 (1990), entry into force 1 July 2003).

SR - Standard Rules on the Equalization of Opportunities for Persons with Disabilities (SR-Int -Introduction; SR-Pr – Preamble) (U.N. Doc. A/RES/48/96).

Brackets are used when an article in an international treaty is considered relevant in the context of disability but does not specifically mention persons with disabilities in its text.

National Law and Policy Monitoring Template
  1: International & Regional Human Rights Standards (Convention/Art.) 2: Question 3: Definitions and Items Considered in Analysis 4: Description & Record of Relevant Laws/Policies Relied Upon in Analysis 5: Other Sources Used in the Analysis (e.g. statistics, national budgets, information from key informants) 6: Integrated Analysis of laws and policies on the books and other sources against human rights standards and principles
Purpose CRPD, art 1

IACEDPD, art 2
SR – Pr.

(CCPR, art 2, 3 & 26)
(CERD, art 5)
(CEDAW, art 2)
(ECHR, art1 & 14)
(ACHR, art 24)
(ACHR-PSS art 3)

 0. Do the laws and /or government policies facilitate the respect and the full, effective and equal enjoyment of all human rights and fundamental freedoms by persons with disabilities? NOTE: Question 0 is a summative question which should only be addressed at the end of the monitoring process, when all other questions in the template have been dealt with.     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about how well the country meets each of the 5 general human rights principles in the specific area of rights under consideration:

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

With all the information you found provide a response to the question in column 2 by assigning stars in the report card:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Definition of Disability CRPD, art 1

IACEDPD, art 1

SR – Int

 1. Is there a law or government policy that includes a definition of disability? Please specify whether the definition of disability includes:

  • people with long-term impairments
  • people with temporary impairments
  • people with physical, mental, intellectual or sensory impairments
  • people with other types of impairments
  • the idea that the environment is a factor in the process of disablement
     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about how well the country meets each of the 5 general human rights principles in the specific area of rights under consideration.

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

With all the information you found provide a response to the question in column 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Non-discrimination CRPD, 3b, 5

IACEDPD, art2 & 3a
SR – Pr., 14 &15
(CCPR, art 2, 3 & 26)
(CESCR, art 2)
(CERD, art 5)
(CEDAW, art 2)
(ECHR, art 14 & P12 – art 1)
(ACHR, art 24)
(ACHR-PSS art3)

 2. Does the government have a formal Constitution or other general legislation that prohibits discrimination based on disability? Discrimination is defined in the CRPD as:
any distinction, exclusion or restriction on the basis of disability which has the purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on an equal basis with others, of all human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.		     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles in the specific area of rights under consideration.

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Reasonable Accommodation CRPD, art 2, 5, 13.1, 14.2, 24.2c, 24.5, & 27.1i 3. Is there a law or government policy that ensures the right of persons with disabilities to reasonable accommodation? Reasonable accommodation is defined in the CRPD as: necessary and appropriate modification and adjustment not imposing a disproportionate burden, to guarantee to persons with disabilities the enjoyment on a basis of equality with others of all human rights and fundamental freedoms..     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Dignity CRPD, art 3a, 19

SR – Pr.

(CESCR, art 1)
(CCPR, art 1.1)

 4. Is there a law or government policy that recognizes respect for the inherent dignity and/or individual autonomy of the person with a disability, including? According to the CRPD, autonomy means freedom to make one's own choices, and independence of persons

Dignity refers to the inherent worth of all persons.

     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Participation & Inclusion CRPD, art 3c

IACEDPD, art 2
SR – Pr.

 5. Is there a law or government policy that asserts the principle of full and effective participation and inclusion on society on an equal basis with others for persons with disabilities?       Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Respect for Difference CRPD, art 3d 6. Is there a law or government policy that says that there is respect for difference and acceptance of disability as part of human diversity and humanity?       Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Equality CRPD, PR-e art 3e

SR – Int.

 7. Is there a law or government policy that recognizes the principle of equality of opportunity for persons with disabilities?       Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Equality   8. Is there a law or government policy that recognizes the principle of substantive equality for persons with disabilities?       Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
General Obligations CRPD, art 4.1a b 9. Is there a law or government policy that requires the government to take measures to change or get rid of existing laws, regulation and practices that result in discrimination against persons with disabilities?       Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
General Obligations CRPD, 4.1c

IACEDPD, art4

SR 14

 10. Is there a law or government policy that requires the mainstreaming of disability in law, policies and programs?       Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
General Obligations CRPD, art 4.1 f, g, h

SR 4

 11. Is there a law or policy that requires the government to undertake or to promote research and development related to disability?       Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
General Obligations CRPD, art 4.1d e

SR 15

(CAT, art 14)

 12. Do the laws of the State ensure that there is penalty when the human rights of any person or group of persons with disabilities are violated? Please specify whether the existing law and /or policy apply:

  • Only to the government
  • To the government and to others [check which one else the existing law/policy applies to]:

    • Private citizens
    • Private organizations
     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
General Obligations CRPD, art 4.2

SR 14

 13. Do the laws of the State ensure that persons with disabilities, including children, are consulted and actively involved in the implementation of the Disability Convention?       Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Equality & Non-discrimination CRPD, art 5.1 14. Does the country's constitution or other law or policy recognize that all persons with disabilities are equal before and under the law and are entitled to equal protection and benefit of the law? Being equal before and under the law means enjoying the same protection and getting equal benefit of the law as all other citizens.     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Equality & Non-discrimination CRPD, art 5.4

IACEDPD, art 1.2b

 15. Does the country's constitution or other law or policy recognize that specific measures to achieve equality of persons with disabilities are not considered discrimination? Specific measures are also often called affirmative action or positive discrimination. An example might be a quota system to access jobs.     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Promoting Awareness CRPD, art 8

IACEDPD, art 3.2c

SR 1

 16. Is there a law or policy that requires the government to raise awareness in the country to promote respect for the rights and dignity of persons with disabilities?       Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Promoting Awareness CRPD, art 8.2c

IACEDPD, art 3.2c

SR 1

 17. Is there a law or government policy that encourages the media to show persons with disabilities as capable and contributing members of society?       Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Accessibility CRPD, art 9.1, 9.2 abcde

IACEDPD, art 3.1abc
ACHR-PSS, art 18c
SR 5

(CCPR, art 12.1)
(ECHR-P4, art 2)
(ACHR, art 22)
(CERD, art 5e)

 18. Do the laws or government policies guarantee to persons with disabilities access to the physical environment, transportation, information and communications, both in rural and urban areas? According to the CRPD, measures to promote the right of access shall include: [check requirements considered in analysis]

  • developing minimal national standards and guidelines for accessibility and monitoring their implementation;
  • providing signage in Braille, easy-to-read-and-understand forms and other forms of live assistance (e.g. guides, readers and sign language interpreters) in services and facilities open to the public;
  • providing training for stakeholders on accessibility issues facing persons with disabilities.
     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Right to Life CRPD, art 10

(CCPR, art 6)
(ECHR, art2)
(ACHR, art 4)

 19. Does a law or government policy ensure that persons with disabilities have the right to life on an equal basis with others?       Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Right to Liberty & Security of the Person CRPD, art 14

(CCPR, art 9)
(ECHR, art 5)
(ACHR, art 7)
(ICERD, art 5b)

 20. Does a law or government policy guarantee that persons with disabilities enjoy the right to liberty and security of the person on an equal basis with others? In relation to this right, the CRPD requires that States: [check requirements considered in analysis]

  • take measures to ensure that persons with disabilities are not deprived of their liberty unlawfully or arbitrarily;
  • if persons with disabilities are deprived of their liberty, take measures to ensure they are entitled to guarantees in accordance with international human rights law, including by provision of reasonable accommodation. [See definition of reasonable accommodation for Question 7, above.]
     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Right to Liberty & Security of the Person CRPD, art 18

(CCPR, art12)
(ACHR, art 20, 22)
(ICERD, art 5d)

 21. Does a law or government policy ensure that persons with disabilities enjoy the right to liberty of movement and nationality without discrimination based on disability? In relation to these rights, the CRPD requires that States ensure that persons with disabilities: [check requirements considered in analysis]

  • have the right to acquire and change a nationality
  • are not deprived, on the basis of disability, of their nationality
  • are not deprived, on the basis of disability of their ability to obtain and utilize documentation of their nationality or other documentation of identification,
  • are able to utilize relevant processes such as immigration proceedings, that may be needed to facilitate exercise of the right to liberty of movement;
  • are free to leave any country and not deprived from the right to enter their country
     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Situations of Risk & Humanitarian Emergencies CRPD art 11 22. Does the government through law or policy take measures to protect the safety of persons with disabilities in situations of risk? The CRPD defines situations of risk as those involving situations of armed conflict, humanitarian emergencies and natural disasters.     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Legal Capacity & Access to Justice CRPD, art 12 & 13

IACEDPD, art 1
SR 15

(CCPR; art 16)
(CEDAW, art 15)
(CERD, art 5)
(ACHR, art 3)

 23. Does the government constitution or other appropriate legislation guarantee that persons with disabilities have legal capacity and effective access to justice on an equal basis and with as other persons? In order to ensure effective access to justice the CRPD requires that States take appropriate measures including: [check requirements considered in analysis]

  • providing access by persons with disabilities to the support they may require to exercise legal capacity;
  • providing appropriate safeguards to prevent abuse, while respecting the rights, will and preferences of the person, and requiring that safeguards are regularly reviewed by an independent and impartial authority or judicial body;
  • ensuring the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit;
  • providing procedural and age-appropriate accommodations to facilitate participation of persons with disabilities, in all legal proceedings, including as witnesses;
  • promoting training for those working in the field of administration of justice, including police and prison staff.
     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Freedom from Torture, Exploitation & Abuse CRPD, art 15 & 16

SR 9

(CAT, art 2 & 16)
(CCPR, art 7)
(ECHR, art 3)
(ACHR, art 5)

 24. Is there a law or government policy that protects persons with disabilities from being subjected to torture, violence and exploitation? In relation to these rights, the CRPD requires that States: [check requirements considered in analysis]

  • prohibit and protect persons with disabilities from medical, scientific and other forms of experimentation without the free and informed consent of the person concerned;
  • ensure, among other things, appropriate forms of gender- and age-sensitive assistance and support for persons with disabilities and their families and caregivers, including the provision of appropriate information and education about how to avoid, recognize and report such violations;
  • ensure that all facilities and programs designed to serve persons with disabilities are effectively monitored by independent authorities;
  • ensure that instances of exploitation, violence and abuse against persons with disabilities are identified, investigated and, where appropriate, prosecuted.
     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Integrity of the Person CRPD art 17 25. Is there a law or government policy that ensures every person with a disability to respect for his or her physical and mental integrity on an equal basis with others? Respecting the physical and mental integrity includes, for example, protecting persons with disabilities from medical or other treatment given without the free and informed consent of the person, as well as protecting girls and women with disabilities from forced sterilization or from forced abortion.     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Inclusion in Society CRPD, art 19

SR 4, 5 & 9

IACEDPD, art 13.1b & 1c
ACHR-PSS, art 18c

(ECHR-P4, art2)
(CERD, art 5f)
(CCPR, art 25c)

 26. Does any law or government policy ensure that persons with disabilities can live independently and be included in the community? In relation to these rights, the CRPD requires States to take appropriate measures to: [check requirements considered in analysis]

  • protect the right of persons with disabilities to determine how, where, and with whom they live, on an equal basis with others, and ensure that they are not forced to live in a particular living arrangement;
  • ensure access for persons with disabilities to a range of in-home and other community support services, including personal assistance, necessary to support living and inclusion in the community;
  • ensure that community services and the facilities for the general population are made available on an equal basis to persons with disabilities and are responsive to their needs.‬‬‬
     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Personal Mobility CRPD, art 20 27. Does any law or government policy promote measures to ensure personal mobility to persons with disabilities? In relation to these rights, the CRPD requires governments to take appropriate measures to: [check requirements considered in analysis]

  • facilitate the personal mobility of persons with disabilities in the manner and the time of their choice and at affordable cost;
  • facilitate access by persons with disabilities to quality mobility aids, devices, assistive technologies and forms of live assistance and intermediaries at affordable cost;
  • provide training in mobility skills to persons with disabilities and staff working with them.
     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Freedom of Expression & Access to Information CRPD, art 21, 24.3abc 24.4

SR 5

(CCPR art 18 &19)
(ICERD art 5d)
(ACHR art 13)

 28. Is there a law or government policy that gives persons with disabilities freedom of expression and opinion and access to information? In relation to these rights, the CRPD requires that Government: [check requirements considered in analysis]

  • take appropriate measures to enable persons with disabilities to be educated in a variety of accessible media and means of communication including Braille, alternative script, augmentative and alternative modes and sign languages;
  • accept and facilitate the use of sign language, Braille, augmentative and alternative communication, and all other accessible means, modes and formats of communication by persons with disabilities in official interactions;
  • provide official information to persons with disabilities in a timely manner and without additional cost, in accessible formats and technologies of their choice, taking into account different kinds of disabilities;
  • urge private entities that provide services to the general public to provide information and services in accessible and usable formats for persons with disaiblitiesies;
  • encourage the mass media (including providers of information through the internet) to make their services accessible to persons with disabilities.
     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Respect for Privacy CRPD, art 22

SR 9

(CCPR, art 17)
(ECHR, art 8)
ACHR, art 11)

 29. Is there a law or government policy that ensures respect for privacy to persons with disabilities? In relation to these right, the CRPD requires that: [check requirements considered in analysis]

  • all persons with disabilities, regardless of place of residence or living arrangement, shall have the right to protection against arbitrary or unlawful interference with their privacy, family home, correspondence or other types of communication or to unlawful attacks on their honour and reputation;
  • governments shall protect the privacy of personal, health and rehabilitation information of persons with disabilities on an equal basis with others.
     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Respect for Home & the Family CRPD, art 23

SR 9

(CCPR, art 17& 23)
(ECHR, art 8 & 17)
ACHR, art 11)
(CERD, art 5d)
(CEDAW, art 16) (CRC art 7 & 8)

 30. Is there a law or government policy that ensures respect for home and the family to all persons with disabilities? In order to ensure this right the Convention requires governments to take appropriate measures to: [check requirements considered in analysis]

  • eliminate discrimination against persons with disabilities on all matters relating to marriage, family, parenthood and relationships on an equal basis with others;
  • ensure the right of persons with disabilities to retain their fertility and provide age-appropriate information, reproductive and family planning education;
  • render appropriate assistance to persons with disabilities in the performance of their child-rearing responsibilities;
  • ensure the right of children, regardless their disabilities or the disabilities of their parents to live with their own family, or when that is not possible, to live in another family situation.
     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Education CRPD, art 24

CRC, art 23.2 (& 28)
SR 6

(CESCR, art 13)
(CERD, art 5e)
(ECHR-P1, art2)
(ACHR-PSS, art 13)
(CEDAW, art 10)

 31. Is there a law or government policy that ensures that all persons with disabilities can get an education? In order to realize this right, the CRPD requires governments to ensure that: [check requirements considered in analysis]

  • the education system is inclusive at all levels and offers lifelong learning opportunities;
  • persons with disabilities (including children) are not excluded from the general education system on the basis of disability;
  • reasonable accommodation of an individual's requirements and adequate support (including individualized support) are provided;
  • education is delivered in the most appropriate language and modes and means of communication and that learning of these modes and formats of communication is facilitated;
  • teachers are employed, including teachers with disabilities, who are qualified in sign language and/or Braille is promoted;
  • training of professionals and staff who work at all levels of education incorporates disability awareness and the use of appropriate augmentative and alternative modes, means and formats of communication, educational techniques and materials to support persons with disabilities.
     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Health CRPD, art 25

CRC, art 23 (&24)
SR 2
IACEDPD, art3.2b

(ACHR-PSS, art 10)
(CESCR, art12)
(CEDAW, art12, 14)
(CERD, art5e)
(MWC, art 43e)
(ESC, art 13)

 32. Do the laws or government policies ensure that all persons with disabilities can get the highest attainable standard of health without discrimination on the basis of disability? To realize this right, the CRPD requires that governments: [check requirements considered in analysis]

  • provide persons with disabilities with the same range, quality and standard of health care services, including sexual and reproductive health services, and population-based public health programs;
  • provide health services needed specifically because of disabilities including early identification and intervention as appropriate, and services designed to minimize and prevent further disabilities, including among children and older persons;
  • provide disability-related health services as close as possible to people's own communities, including in rural areas;
  • provide care of the same quality to persons with disabilities including on the basis of free and informed consent, by, among other things, raising awareness of the human rights, dignity and autonomy and needs of persons with disabilities through training and ethical standards of private and public health care;
  • prohibit discrimination against persons with disabilities in the provision of health insurance and life insurance where such insurance is permitted by national law;
  • prevent discriminatory denial of health care or health services or food and fluids on the basis of disability.
     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Habilitation & Rehabilitation CRPD, art 26

IACEDPD, art 3.2b

SR 2, 3, 19

 33. Is there a law or government policy promoting comprehensive rehabilitation and habilitation services and programs to persons with disabilities? In relation to this right, the CRPD requires that: [check requirements considered in analysis]

  • services and programs begin at the earliest possible stage and be based on multidisciplinary assessment of individual needs and strengths;
  • services and programs support participation and inclusion in the community and society, be voluntary, and available to persons with disabilities as close as possible to their own communities including in rural areas;
  • governments promote the development of initial and continuing training for professionals and staff working in habilitation and rehabilitation services;
  • governments promote the availability and use of assistive devices and technologies.
     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Work & Employment CRPD, art 27

SR 7

IACEDPD, art 3.1a
ESC art 15

(CESCR, art 6, 7 & 8) (CCPR, art 8, 22)
(ESC, art 1, 4, 5, 9 & 10)
(ACHR-PSS, art 6, 7 & 8)
(CEDAW, art 11)
(CERD, art 5e)
(MWC, art 25 & 26)
(ECHR, art 4)
(ICPMW, art 11)

 34. Do the laws or the government policy ensure that people with disabilities can access work on an equal basis with others? In relation to this right, the CRPD requires governments to: [check requirements considered in analysis]

  • prohibit discrimination on the grounds of disability with regard to all matters concerning all forms of employment,;
  • protect the rights of persons with disabilities to just and favourable conditions of work, including by the redress of grievances;
  • ensure that persons with disabilities are able to exercise their labour and trade union rights on an equal basis with others;
  • ensure effective access to general technical and vocational guidance programs, placement services and vocational and continuing training;
  • safeguard and/or promote employment opportunities and career advancement for people with disabilities in the labour market;
  • promote opportunities for self-employment and the development of cooperatives;
  • ensure that persons with disabilities are employed in the public sector;
  • promote the employment of persons with disabilities in the private sector (including through affirmative action programs incentives);
  • ensure that reasonable accommodation is provided to persons with disabilities in the workplace and work environment;
  • promote vocational and professional rehabilitation, and return-to-work programs for persons with disabilities;
  • ensure that persons with disabilities are not held in slavery or in servitude, and are protected on an equal basis with others, from forced or compulsory work.
     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Adequate Standard of Living & Social Protection CRPD, art 28

SR 8
(CESCR, art 9)
(CERD, art 5e)
(CRC, art 23 26 &27)
(MWC, art 27)
(CEDAW, art 13 & 14)
(ESC, art 14)
(ACHR-PSS, art9)

 35. Does a law or government policy ensure that persons with disabilities have an adequate standard of living? To realize this right, the CRPD requires governments to take appropriate steps to ensure: [check requirements considered in analysis]

  • the right of all persons with disabilities to basic services, adequate food, clothing, housing, access to clean water, and to the continuous improvement of living conditions;
  • equal access by persons with disabilities to appropriate and affordable services, devices and other assistance for disability-related needs;
  • access for persons with disabilities, particularly women and girls and older persons, to social protection programs and poverty reduction programs;
  • access by persons with disabilities and their families living in situations of poverty to assistance from the government with disability-related expenses;
  • equal access by persons with disabilities to public housing programs as well as retirement benefits and programs.
     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Participation in Political & Public Life CRPD, art 29
SR 18

(CCPR, art 25)
(CERD, art 5c)
(ACHR, art 16, 23)
(CEDAW, art 7)
(ECHR, art 11)
(ESC, art 5)

 36. Do the laws or government policies ensure that persons with disabilities can fully participate in political and public life on an equal basis with others? In relation to this right, the CRPD requires governments to ensure that: [check requirements considered in analysis]

  • voting procedures, facilities and materials are appropriate and accessible;
  • the right of persons with disabilities to vote by secret ballot is protected and persons with disabilities are allowed assistance to vote from a person they choose;
  • the rights of persons with disabilities to stand for elections, to effectively hold office and perform all public functions at all levels of government are protected, including facilitating the use of assistive and new technologies where appropriate;
  • persons with disabilities participate on the basis of equality in the activities and administration of non-governmental organizations and associations, including political parties and organizations of persons with disabilities.
     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Participation in Cultural Life CRPD, art 30
SR 14
CRC, art 23 (31b)

UNCHRPWD- D, art 24ter

(CCPR, art25c)
(CESCR, art 15)
(CEDAW, art 13c)
(ACHR, art 14)
(MWC, art 31 & 45.4)

 37. Is there a law or government policy that makes sure that persons with disabilities can participate in cultural life? In relation to this right, the CRPD requires governments to take appropriate measures to ensure: [check requirements considered in analysis]

  • the equal right of persons with disabilities to develop and utilize their creative, artistic and intellectual potential;
  • the right of persons with disabilities to enjoy access to cultural materials in accessible formats, and to cultural places and activities including theatres, cinemas, libraries and tourism services, and as far as possible to sites of national cultural importance;
  • persons with disabilities are entitled to recognition and support of their specific cultural and linguistic identity, including sign language and deaf culture.
     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Participation in Recreational, Leisure & Sports CRPD, art 30.5

SR 11

CRC, art 23 ( 31)
(CEDAW, art 13c)
(CCPR, art 25c)

 38. Is there a law or government policies that enables persons with disabilities to participate in sport, recreational and leisure activities, on an equal basis with others? In relation to this right, the CRPD requires governments to: [check requirements considered in analysis]

  • encourage and promote participation of persons with disabilities in mainstream sporting activities at all levels;
  • ensure that persons with disabilities have access to sporting and recreational venues;
  • ensure that children with disabilities have equal access to participation in play, recreation and leisure and sporting activities (including at school);
  • encourage the provision of appropriate instruction, training, and resources to disability-specific programming.
     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Women with Disabilities CRPD, art 6

(CEDAW, art 4.1)

 39. Is there a law or government policy that recognizes that women and girls with disabilities face many types of discrimination and t protects their rights and freedoms?       Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Children with Disabilities CRPD, art 7

CRC, art 23

 40. Do the laws or government policy take measures to protect the rights and freedoms of children with disabilities on an equal basis with other children?       Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
Statistics & Data Collection CRPD, art 31

SR 13

 41. Is there a law or government policy that requires the collection of statistical and research data on disability issues? The CRPD requires that: [check requirements considered in analysis]

  • the process of data collection must be in compliance with internationally accepted norms to protect human rights and fundamental freedoms and legal safeguards, including legislation on data protection to ensure confidentiality and respect for the privacy of persons with disabilities
  • the information collected shall be disaggregated, as appropriate, and used to help assess the implementation of the government's obligations to identify and address the barriers faced by persons with disabilities in exercising their rights;
  • the government must take responsibility for the dissemination of these statistics and ensure their accessibility to persons with disabilities.
     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
International Cooperation CRPD, art 32, 4.2

IACEDPD, art4

SR 22

 42. Does the government look for international cooperation that supports its efforts to ensure the realization of economic, social and cultural rights for persons with disabilities? According to the CRPD initiatives that fall under international cooperation may include international development programs; the exchange and sharing of information, experiences, training programs and best practices; cooperation in research and access to scientific and technical knowledge.     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
National Implementation & Monitoring CRPD, art 33

SR 20

 43. Has the government established a mechanism at the national level to monitor the implementation of the CRPD? The CRPD requires that: [check requirements considered in analysis]

  • the government designate one or more a focal points within the government for matters relating to the implementation of the Convention
  • the government designate or establish a framework, including one or more independent mechanisms to promote, protect and monitor implementation of the Convention
  • civil society, in particular persons with disabilities and their representative organizations, be involved and participate fully in the monitoring process
     Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment
National Implementation & Monitoring CRPD, art 33

SR 20

 44. Does the national monitoring mechanism established in the country specifically include input from people with disabilities?       Conduct an integrated analysis to identify inconsistencies with standards in human rights treaties considered in column 1. Include a discussion about the 5 general human rights principles

  • Dignity
  • Autonomy
  • Participation, Inclusion & Accessibility
  • Non-discrimination & Equality
  • Respect for Difference

Respond to question in col. 2 by assigning:

* = non-compliance

** = needs significant improvement

*** = generally compliant or needs only slight adjustment