The EU “monitoring” Framework for the UN Convention on the Rights of Persons with Disabilities: state of play and alternative models

The Challenge

As the EU has acceded to the CRPD - the first time it ratified a human rights treaty -, its institutions are obliged to set up mechanisms for the monitoring and implementation of this Convention. This has proved a delicate issue. The EU has its own legal and administrative system that are very different to that of the Member States. Several EU institutions were appointed to play this role, but the EU has received serious criticism. The Study therefore reviews current arrangements and proposes alternative models meeting the requirements of the Convention.

Our Approach

Gauthier has been providing advice on independent monitoring mechanisms under the CRPD for more than 20 years. He acted as expert to the UN, disabled people’s organisations and EU Member States. As Study Advisor and Quality Reviewer, his task was to supervise the overall quality of the project. The approach has been to work with stakeholders to understand their views and seeking input for achieving the CRPD’s objectives. The first step was a review of available sources as well as targeted consultations and peer-learning activities. The second step was the presentation of the results and responding to the comments from the European Commission.

Our Impact

Gauthier helped the project leader follow the CRPD’s principles at the different stages of the project. This included the identification of the key stakeholders in the field of disability rights and the assessment of the study’s compliance with the Convention. Gauthier participated in meetings with academic experts as well as the European Commission. He reviewed the inception, interim and final reports while exchanging views regarding the way ahead. Especially during the final phase of the project, he offered extensive feedback on the alternative models to strengthen the EU Monitoring Framework.

Outputs

• de Beco, G., Disability in International Human Rights Law (Oxford: Oxford University Press, 2021).
• de Beco, G. and Murray, R., Commentary on the Paris Principles on National Human Rights Institutions (Cambridge: Cambridge University Press, 2014).
• de Beco, G. (ed), Article 33 of the UN Convention on the Rights of Persons with Disabilities: National Structures for the Implementation and Monitoring of the Convention (Leiden/Boston: Martinus Nijhoff Publishers, 2013).
• de Beco, G., ‘Article 33 (2) of the UN Convention on the Rights of Persons with Disabilities. Another Role for National Human Rights Institutions?’ (2011) 29 (1) Netherlands Quarterly of Human Rights 84-106.