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					     University of New South Wales
                 Sydney

         Seminar on the CRPD
            February 2009




             Gerard Quinn

Article 33 – the Engine of the Convention
            Jurisprudential Philosophy
     Int      Does not Exist                            Int Law Is an End in Itself


States Obey when it                                     Reified
Suits their interests.
                                                        An End In itself
Int Law has no autonomous
existence                                               „temptation of elegance‟

                                                        Von Jehring‟s Legal heaven

                                     Legal Realism.
                               The Inevitable Gap between

                             „Law in Books-Law in Action‟
                           „Myth System-Operation System‟
               Bridging the Gap???

Internalise/Socialise the norms into the Law & Policy Process.

     Generating a Reflective Process of alignment

     „Own‟ the norms.

     Motivated to „see‟ symmetry between national & International

     Motivated to benchmark to the international

     Motivated to contribute a Model
     Not a one-way street

     Becoming a policy reflex…
   Why Bridging the Gap is Especially                              in Disability Field?




                          Political process Reflects the default

                          Diminished voice for PWD makes it hard
                          To dislodge
                                                                          John Brown
                          A ‘discrete and insular minority’
                          Exclusion is Self-Perpetuating              Force the issue

                                                                      Make People Face truth…
         Sir William Blackstone
“upon marriage woman suffers civil death”                             Expose Contradiction

    Much the same default in disability                               “you have to take sides”

From subject to object – and back to subject
I see the CRPD as a                                  Reflecting on

   The Outputs of a Flawed Policy Process: Bad Laws, Policies, Programmes.
                                AND



                The Process that produces those Outputs


                             Primary Value of CRPD

                                   that Produces the Outcomes
                         And Challenge the Outcomes.
    SO What Engine of Transformation Does
        the CRPD Envisage?

                              International Legal Order

Committee on the Rts of PWD                               Conference of States Parties



                                    Transmission Belt



                                  Domestic Legal Order


Domestic Institutional Architecture for Change
Government                       National Monitoring Body              Active Consultation with
Focal Point                   ‘protect, promote, monitor’ 33.2                PWD 33.3
Coord Mechan 33.1
                    Research Supporting Action
Article 33 National implementation and
monitoring

1.States Parties, in accordance with      Certain Margin of Appreciation
their system of organization,

    shall designate                       It has the Choice – but it must
                                          Be exercised
  one or more focal points within
government                                Can be a Plurality – no Criteria
                                          Given – [authority,
  for matters relating to the             effectiveness, link to int law]
implementation of the present
Convention,

   and shall give due consideration to
the establishment or designation of a
coordination mechanism within              Drilled down Implementation
government to facilitate related action
in different sectors and at different
levels.
2. States Parties shall,

in accordance with their legal and
administrative systems,

maintain, strengthen, designate or      Certain Margin of Appreciation
establish within the State Party, a
framework,

including one or more independent
mechanisms, as appropriate,             Independence mandatory

to promote, protect and monitor
implementation the
Convention.
                                            3 Very Different Roles
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           Paris Principles???
rights.
            Valorise the Paradigm Shift
            Advocate for Ratification
“Promote”   Advocate for No Reservations
            Mainstream into own work

            Do so in concert – ICC & European Group
            Database


            Intervene in Litigation

“Protect”
            Initiate Litigation
            Act as amicus curia – European Group

            Do so in Concert

            Establish Baseline
            Conduct Studies/Enquiries
            Track Legislation and Suggest Amendments
“Monitor”   Come Forward with own Blueprints

            Do so in concert – Regional Inputs
3. Civil society,                                NGOs
in particular persons with disabilities and

their representative organizations,

shall be involved and participate fully in the
monitoring process.                              Monitor

                                                 +++Protect

                                                 +++Promote
•Singular

• Committed to                     Critical Success Factors.
 A dynamic of
 change

•Sufficient
Institutional Clout

Symbolism Important – not
in Welfare/Health           Government
Ministry                    Focal Point(s)
                                                                               National Monitoring Body
•Use CRPD as Occasion                                                         ‘protect, promote, monitor’
For Deep Reflection

•Craft own National                                                                •Genuinely Independent
Action Plan using CRPD
                                                                                   •Robust use of Powers
•Develop Policy Learning
Tools/ Stats
                                                                                   Promote
                                                Active Consultation with           Monitor
•Active Listening Mode
                                                         PWD                       Protect
 Active Consultation
                                             Develop New Skills ‘Know How’         •Constructive element in
•Search for                                                                        domestic dialectic
                                             Political entrepreneurism
Mutual ’Solutions’
                                                                                   •Capacity Raising with others
                                             Tackle Problems = Propose Solutions
•Give Back -Participate
 in Conf of                                                                        •Active Consultation
 States              Research      to Action: Solutions Factory, Ideas, Comparative Research

				
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