A few years ago I worked with Professor Gerard Quinn and Abigal Rekas on a manual for National Human Rights Institutions on human rights and disability, which you can read here.
The basic monitoring checklist I drafted was not used in the manual & while it could do with some development I think it’s a good starting point for anyone – duty bearers, independent monitors, disabled people’s organisations – thinking about what implementation of the Convention means Article by Article, so in the spirit of not allowing good things to go to waste, open source sharing, and my general lack of commercial nouse, here it is…..
Basic monitoring checklist – implementation of the Convention on the rights of persons with disabilities
|Equality and non-discrimination (Article 5)||Do persons with disabilities enjoy a constitutional guarantee of equality?
Is discrimination against all persons with disabilities prohibited in law?
Are all areas covered by the CRPD addressed by anti-discrimination law?
Does the approach to disability discrimination include denial of reasonable accommodation?
Has a competent body been designated to promote, enforce and monitor equality and non-discrimination?
|Has guidance been produced for duty-bearers, rights-holders and advocates, including in relation to reasonable accommodation?
Can rights-holders secure adequate redress?
Is the law being enforced?
|What gaps in outcomes exist between persons with and without disability across key domains e.g. employment participation, health outcomes, use of public
What complaints are being made regarding disability discrimination – are there clear patterns and evidence of systemic problems?
|Awareness (Article 8)||Has the State initiated public awareness campaigns to promote awareness of and receptiveness towards the rights of persons with disabilities?
Does the national school curriculum include
Has the State taken steps to encourage portrayal of persons with disabilities by the media in a manner consistent with the aims of the CRPD
|How many people or organisations have been reached by campaigns regarding awareness or receptiveness?
Has the State evaluated the impact of its awareness raising activities?
|What does the public think about the rights of persons with disabilities?
What do persons with disabilities perceive the attitudes of the public to be towards them?
How are the lives of persons with disabilities typically characterised by the media? Does this correspond with the aims of the CRPD?
|Accessibility (Article 9)||Has the State ensured the development of minimum standards and guidelines regarding accessibility?
Has the State taken effective measures to ensure that private entities open to or providing services to the public take accessibility into account?
Has the State taken action to promote universal design principles, including in relation to new technologies?
|Has the State taken sufficient steps to promote and monitor the implementation of minimum standards and guidelines?
Has the State provided training for stakeholders (including planners, architects, designers, engineers, manufacturers, persons with disabilities) on accessibility?
|Can persons with disabilities move freely and spontaneously around the built environment and use public transport on an equal basis with others?
Can persons with disabilities access goods, facilities and services on an equal basis with others?
Can persons with disabilities access information and communication on an equal basis with others?
Do persons with disabilities benefit equally from technological innovations?
|Right to Life (Article 10)||Does the State criminalise the murder and manslaughter of persons with disabilities and properly enforce the law?
Has the State taken steps to prevent accidental deaths of persons with disabilities, including those detained under mental health laws or residing in social care facilities?
|Are official independent investigations automatically conducted following the deaths of persons with disabilities detained by the State?||Are cases involving the murder or manslaughter of persons with disabilities effectively investigated and prosecuted?
What number of persons with disabilities have died while detained by or in the custody of the State?
|Situations of Risk and Humanitarian Emergencies (Article 11)||Are the rights of persons with disabilities integrated into Disaster Risk Reduction protocols?||Have steps been taken to rehearse implementation of disaster reduction plans involving persons with disabilities?
Has the effectiveness of disaster reduction plans been evaluated with respect to the rights of persons with disabilities?
|What has been the effectiveness of ‘drills’ in minimising risks to persons with disabilities
What has been the situation of persons with disabilities following natural disasters and humanitarian emergencies?
|Equal Recognition Before the Law (Article 12)||Does the law prohibit people from being denied legal capacity on grounds of disability?
Is law and practice founded on a model of supported rather than substitute decision-making?
|Can persons with disabilities access support with decision-making that is designed to respect their right to equal recognition before the law?
Has the State taken action to ensure that third parties such as banks, health services or landlords respect the right of persons with disabilities to equal recognition before the law?
|How many persons with disabilities are subject to substitute decision making regimes?
|Access to Justice (Article 13)||Has the State ensured the development of law, policies and guidelines regarding access to justice for persons with disabilities including in relation to:
– Reporting crimes to the police
– Arrest of persons with disabilities
– Detention of persons with disabilities
– Persons with disabilities as witnesses and defendents
– Ensuring consideration of persons with disabilities is mainstreamed into actions and activities such as promoting access to justice for victims of gender-based violence or child abuse
|Are laws, policies and guidelines known about and followed?
Is training provided to all levels of the justice system (civil and criminal) including for the police and prison staff, legal professionals and the judiciary?
|Can persons with disabilities secure access to justice on an equal basis with others?|
|Liberty & Security of the Person (Article 14)||Does the law prohibit persons from being deprived of their liberty on grounds of disability?
Does the law prohibit persons with disabilities from being detained on grounds of their perceived risk to themselves or others?
Are persons with disabilities able to challenge deprivation of liberty and seek compensation?
|How effective are any procedural or judicial safeguards regarding deprivation of liberty?||How many persons with disabilities are detained in institutions including psychiatric hospitals and social care facilities?
How long have persons with disabilities been detained in such institutions?
|Freedom from torture, inhuman or degrading treatment (Article 15)||Has the State developed effective law, regulations and oversight to protect persons with disabilities from torture, inhuman or degrading treatment?
Are practices such as compulsory medical treatment, solitary confinement, physical restraint and non-consensual electroconvulsive treatment prohibited in law?
Is the use of medical treatment, physical restraint and other treatments effectively regulated?
Are policies and systems in place to address persistent targeted harassment of persons with disabilities?
Is the National Preventive Mechanism under OPCAT empowered to address situation of persons with disabilities detained in or confined to institutions?
|Are laws prohibiting the use of methods which amount to inhuman and degrading treatment enforced?
Are the bodies tasked with regulating and monitoring places of detention adequately resourced, sufficiently independent and effective?
|Are persons with disabilities subject to torture, inhuman or degrading treatment such as compulsory medical treatment, solitary confinement, physical restraint and non-consensual electroconvulsive treatment?
Can persons with disabilities secure protection and redress?
|Freedom from exploitation, violence and abuse (Article 16)||Has the State ensured that all facilities and programmes designed to serve persons with disabilities are independently monitored?
Has the State taken legal or programmatic steps to recognise exploitation, violence and abuse affecting persons with disabilities, such as violence against women with disabilities, abuse and exploitation of children with disabilities (including trafficking) and disability hate crime?
Does the State monitor incidents of exploitation, violence and abuse affecting persons with disabilities?
|Are facilities and programmes designed to serve persons with disabilities routinely inspected and monitored by competent authorities?
Have criminal justice agencies developed policies and initiated actions to improve operational effectiveness with respect to protecting persons with disabilities and providing redress following incidents of exploitation, violence and abuse
Is counselling available to persons with disabilities who have encountered violence, exploitation and abuse?
|What is the incidence of exploitation, violence and abuse experienced by persons with disabilities including violence against women with disabilities, abuse and exploitation of children with disabilities and disability hate crime?
What proportion of such crimes are reported to the authorities, including the police, what proportion are recorded and what proportion are prosecuted?
What proportion of persons with disabilities who have encountered exploitation, violence and abuse have received counselling?
|Protecting the integrity of the person (Article 17)||Has the State taken action – including prohibiting in law – to ban practices that violate the integrity of disabled persons such as non-consensual sterilisation, abortions, the administration of
drugs, electroconvulsive treatment and forms of restraint?
|Has the State taken steps to enforce laws protecting the integrity of the person, including through monitoring and criminal sanctions?||Do such practices still occur?|
|Liberty of movement and nationality (Article 18)||Does the State ensure that persons with disabilities can acquire and change nationality on an equal basis with others, are not deprived of their nationality arbitrarily or on the basis of disability, or of their ability to obtain, possess and utilize documentation of their nationality or other documentation of identification, or to utilize relevant processes such as immigration proceedings, are free to leave any country, including their own and are not deprived, arbitrarily or on the basis of disability, of the right to enter their own country?
|Is documentation concerning immigration and nationality available in accessible formats?
Are proceedings concerning immigration accessible to persons with disabilities?
|Are all children with disabilities registered at birth and given a name and nationality?
Do persons with disabilities enjoy liberty of movement and nationality on an equal basis with others?
|Living independently and being included in the community (Article 19)||Do persons with disabilities enjoy legal rights to exercise meaningful choices over where and with whom to live on an equal basis with others?
Does the law prevent persons with disabilities from being obliged to live in a particular living arrangement?
Do targets exist to reduce the number of people confined to institutions?
|Is there sufficient investment in community based accommodation and support such that persons with disabilities have meaningful choices that prevent their isolation and segregation from the wider community?
What mechanisms are in place to facilitate the exercise by persons with disabilities of choice and control over where and with who they live, such as personal budgets or personal assistance schemes?
|What proportion of persons with disabilities live in community settings versus institutions?
Do persons with disabilities report that they have control over where and with whom they live?
|Personal mobility (Article 20)||Has the State taken effective measures to ensure personal mobility with the greatest degree of independent for persons with disabilities including by inter alia facilitating access to aids and equipment and by providing training and information to persons with disabilities?||Is there sufficient investment in support for personal mobility?
|What proportion of persons with disabilities requiring support with mobility are able to access such support?
What is the gap in outcomes between persons who require support with mobility and those who do not in terms of travel and participation in community life?
|Freedom of expression and opinion (Article 21)||Has the State taken steps, including legislative steps, to ensure that persons with disabilities can receive and impart information, and in particular to ensure that public and private entities produce information in accessible formats and offer accessible modes of communication such as sign language?
|Has that State taken steps to promote good practices in relation to accessible information and communication across public bodies and private entities and among society more widely?||Can persons with disabilities access and impart information and communicate on an equal basis with others?|
|Respect for privacy (Article 22)||Does the State ensure that the right of persons with disabilities to privacy routinely respected, irrespective or living arrangements and with particular respect to personal information regarding health and rehabilitation?||Are the State’s data protection safeguards sensitized to the situation of persons with disabilities?
How does the State ensure that the privacy of persons with disabilities is respected by those providing support?
|Are there incidents of the right of persons with disabilities to privacy being violated?|
|Respect for home and the family (Article 23)||Are all persons with disabilities legally permitted to get married and start a family?
Does the State support parents with disabilities in the performance of child-rearing responsibilities?
Does the State support parents of children with disabilities with their child rearing responsibilities?
Are all persons with disabilities able to retain their fertility on an equal basis with others?
Does the law allow children be separated from their parents on the basis of (the child or parents) disability alone?
Do judicial safeguards exist regarding the separation of children from their parents, where either has a disability?
Where families are unable to support a child with a disability, are policies and strategies in place to support the child within the wider family or within the community in a family setting?
|Can persons with disabilities access information and support regarding their reproductive rights?
Can parents with disabilities access support with child-rearing?
Can parents of children with disabilities access support with child rearing?
|Are persons with disabilities prevented from having relationships, including sexual relationships and/or from starting a family?
What proportion of children born to parents with disabilities stay with their parents?
What proportion of children with disabilities stay with their parents?
|Education (Article 24)||Do all children with disabilities enjoy the right to be educated in the general education system in the communities in which they live?
Is the State taking concrete steps to develop an inclusive education system, for example through laws, policies and implementation strategies?
Are children with disabilities entitled to individualised support with learning?
Does the State invest in supporting the development by persons with disabilities of life and social development skills to facilitate full participation in society, such as the use of Braille and sign language?
Is discrimination prohibited in tertiary and higher education?
|Has the State ensured the programmes of initial and ongoing teacher training are grounded in the principle of inclusive education?
Has the State provided sufficient funding to improve the accessibility of educational establishments and for the provision of individualised support?
|What proportion of children with disabilities are enrolling in and completing primary and secondary education? Is this situation improving and at what rate?
What are the comparative levels of educational attainment between children and adults with and without disabilities? Is this situation improving and at what rate?
What are the comparative numbers of children with disabilities in special school versus mainstream school places? Is this situation improving and at what rate?
What percentage of persons with disabilities are entering higher education? Is this situation improving and at what rate?
|Health (Article 25)||Has the State taken steps to ensure that persons with disabilities enjoy access to the highest attainable standards of health without discrimination, including in relation to health and life insurance?
Has to State ensured the provision of supports to persons with disabilities to manage their impairment or health condition and to prevent further deterioration or the emergence of secondary conditions?
|Has the State taken steps to raise awareness of the human rights, dignity, autonomy and needs of persons with disabilities through training and the promulgation of ethical standards for public and private health care?||What are the comparative health outcomes between disabled & non-disabled people including life expectancy?
Does evidence exist of people being denied access to health services on an equal basis with others, including life-saving health care?
|Habilitation and Rehabilitation (Article 26)||Has the State organised, strengthened and extended comprehensive habilitation and rehabilitation services and programmes, particularly in the areas of health, employment, education and social services to enable persons with disabilities to attain and maintain maximum independence, full physical, mental, social and vocational ability, and full inclusion and participation in all aspects of life?||Has the State promoted the development of initial and continuing training for professionals and staff working in habilitation and rehabilitation services?
Has the State promoted the availability, knowledge and use of assistive devices and technologies, designed for persons with disabilities, as they relate to habilitation and rehabilitation?
|Can persons with disabilities access multi-disciplinary habilitation and rehabilitation services?|
|Adequate standard of living and social protection (Article 27)||Does the State ensure that persons with disabilities have access to clean water and sanitation?
Do poverty reduction programmes exist to eliminate poverty among persons with disabilities?
Do social protection programmes address disability-related costs?
Do persons with disabilities enjoy equality of access to public housing programmes?
|Does the State measure and monitor levels of relative and absolute poverty among persons with disabilities?
What steps has the State taken to ensure private entities involved in the provision of essential services ensure equal benefits for persons with disabilities?
|Do persons with disabilities enjoy equal access to clean water and sanitation
What are the levels of relative and absolute poverty among persons with disabilities – how do these compare to the general population?
How many persons with disabilities are waiting for accessible housing or living in unsuitable housing?
|Work and Employment (Article 28)||Is discrimination, including the denial of reasonable accommodation, prohibited in all areas of employment and by all employers?
Has the State taken action to ensure just and favourable conditions of work for persons with disabilities including equal pay, safe and healthy working conditions and protection from harassment?
Has the State initiated effective programmes concerning vocation training, career development and self-employment?
Has the State taken positive steps to promote employment of persons with disabilities in the public and private sectors, including via affirmative action?
|What steps has the State taken to promote awareness of the rights of persons with disabilities among employers?
Does the State provide support to employers with respect to employing persons with disabilities, for example through advice and information or practical and financial support in providing reasonable accommodation?
What goals or targets does the State have with respect to increasing the employment rate of persons with disabilities and how is this monitored?
|What is the overall employment rate of persons with disabilities and how does this compare with other countries?
What is the gap between employment rate of persons with disabilities and general population?
Do persons with disabilities enjoy equal pay?
Are persons with disabilities more likely to report harassment at work?
How many persons with disabilities have been assisted into employment by targeted support programmes?
|Participation in political & public life (Article 29)||Do all persons with disabilities have the legal right to vote in elections?
Can all persons with disabilities seek election?
Does electoral law require reasonable accommodation, including in relation to election materials being made available in accessible formats, accessible voting procedures and support for persons with disabilities to vote?
Does disability discrimination law cover public appointments and political parties?
|Is participation by persons with disabilities in elections monitored?
Is guidance provided to election officials regarding non discrimination and accessibility?
Do targets and strategies exist to increase the participation of persons with disabilities in political and public life?
Are Parliamentary buildings and procedures accessible to persons with disabilities?
|What percentage of persons with disabilities vote in elections?
What percentage of persons with disabilities have experience barriers when trying to vote?
How many Members of Parliament are persons with disabilities?
How many public appointees are persons with disabilities?
|Participation in cultural life, leisure, recreation and sport (Article 30)||Has the State taken all appropriate measures to ensure persons with disabilities enjoy access to cultural life, including cultural materials, television, film and theatre and to places for cultural performances or services and, as far as possible, enjoy access to monuments and sites of national cultural importance?
Has the State adopted measures to States Parties shall take appropriate measures to enable persons with disabilities to develop and utilize their creative, artistic and intellectual potential?
Has the State taken steps to prevent intellectual property rights unreasonable preventing access by persons with disabilities to cultural materials?
Has the State formally recognised sign language as an official language?
Has the State adopted measures to promote the participation by persons with disabilities in mainstream and disability-specific sport as participants and spectators?
Has the State adopted measures to ensure that children have equal access to play, recreation and leisure, including at school?
(e) To ensure that persons with disabilities have access to services from those involved in the organization of recreational, tourism, leisure and sporting activities.
|Do targets and implementation plans exist in relation to the various obligations under Article 29?
Has the State engaged key agencies and actors in the fields of culture, leisure, recreation and support to support implementation of Article 19?
Do any targeted programmes exist to increase the participation and contribution of persons with disabilities in the fields of culture and sport?
|To what extent do persons with disabilities engaged with or in cultural, recreational, leisure or sporting activities and how does this compare to the general population?
Are persons with disabilities visible in the fields of culture and sport?
|Statistics and data collection (Article 31)||Has the State committed to improve the quality of statistics and data collection regarding the rights of persons with disabilities?||Has the State taken steps to ensure that reliable and comparable data is being collected which is capable of measuring implementation of the Convention?||Does the data available allow disaggregation of the barriers experienced by persons with disabilities|
|International cooperation (Article 32)||Has the State adopted any laws, regulations or guidelines concerning disability inclusive development?||Is the State providing funding or technical assistance to other States or otherwise cooperating with other States in efforts to implement the CRPD?
|National implementation and monitoring (Article 33)||Has the State identified a focal point or points within government to implement the Convention?
Has the State established, strengthened, designated or maintained a framework to promote, protect and monitor implementation of the Convention?
Does the framework include a Paris Principles compliant national human rights institution?
Are persons with disabilities formally involved in the monitoring framework?
|Has the State committed adequate resources to the focal point, independent mechanism and to organisations of persons with disabilities such that they are able to discharge their roles and responsibilities adequately?
Has the State taken steps to ensure the effective involvement of persons with disabilities in implementing the Convention?
|Does a framework exist and does it conform with the requirements of Article 33?|
|Reservations (Article 46)||Is the State proposing or has it insisted on entering any reservations or interpretive declarations when ratifying the CRPD?
Are the reservations compatible with the object and purpose of the CRPD
|Has the State provided compelling reasons for entering any reservations or declarations, including in a statement to Parliament?
Has Parliament had the opportunity to scrutinise any proposed reservations or interpretive declarations?
|Is the effect of any reservations or interpretive declarations to render lawful acts of discrimination against persons with disabilities in the enjoyment of their human rights?|