Module 7.2

Alternative reporting tothe Committee on the Rightsof Persons with Disabilities

Understand the purpose and content of alternative reports to the Committee

Understand the process of drafting and submitting alternative reports

Civil society/NHRIs and the Committee

What is an alternative report? Structure of the report Methodology Data collection Content of the report Tips for recommendations Submitting the report to the

Committee Follow-up

Objectives Module flow

The reporting cycleSTATE

submits report

COMMITTEElist of issues

STATEsubmits answers

COMMITTEE’sconcluding

observationsCivil society

NHRICOMMITTEE’S

SESSION

STATEimplements

recommendations

COMMITTEE’sfollow-up

Civil societyNHRI

Civil societyNHRI

What is an alternative report?

The main objective of this report is to offer complementary information to that provided by the Government for the [Committee on the Rights of Persons with Disabilities] in order to offer some concluding observations to help towards the better implementation of the Convention

Alternative Report Spain 2010 - CERMI

Methodology

INITIAL REVIEW OF KEY ISSUES

BUILD A COALITION

LEGAL ANALYSIS DATA COLLECTION

ANALYSIS AND IDENTIFICATION OF RECOMMENDATIONS

REVIEW BY CONSTITUENCIES AND FINALIZATION

Data collection Laws and policies Secondary materials:

• Statistical institute• Ministries• United Nations and World Bank• National human rights institutions• Academic sources

Complaint such as court cases, complaints to the ombudspersons

Primary research• Quantitative – household surveys• Qualitative – interviews with rights-holders, expert

advice

Example: non-discrimination

The Committee’s reporting guidelines request information on:

Ability of persons to use the law for protection against discrimination

Effective measures to guarantee legal protectionPolicies and programmes to achieve de facto

equality

Example: non-discrimination

The Spanish Government responded:

Legislation ensures full compliance with article 5 However, some legislation might need to be

reviewed in the light of the Convention Effective supervisory and sanctions mechanisms are

in place

Example: non-discrimination

The Spanish alternative report stated:

Legislation is not in compliance with the Convention× requirement of 33 per cent disability

Supervisory and sanctions mechanisms are ineffective× No data available× No action on 10 complaints submitted× No regional coverage× Procedure is slow

Tips for recommendations

Be clear Only one action per recommendation Identify responsible actors Make recommendations measurable if possible Propose a time frame for implementation where

relevant Link the recommendation with a particular

implementation challenge Avoid vague or general recommendations

Example: recommendation onnon-discrimination

The Committee recommends that the State party systematize the collection, analysis and dissemination of data, disaggregated by sex, age and disability; enhance capacity-building in this regard; and develop gender-sensitive indicators to support legislative developments, policymaking and institutional strengthening for monitoring and reporting on progress made with regard to the implementation of the various provisions of the Convention.

Structure of the report

Executive summary Table of contents Description of the methodology Background information Key issues:

• Definitions, general principles and obligations

• Substantive rights• Rights of women, girls and boys• Specific obligations

Recommendations

Submitting the reportto the Committee

When? With the State report Before the list of issues Before the constructive dialogueMeeting the Committee? The session prior to the constructive

dialogue At the sessionHow?crpd@ohchr.org

Follow-up

Issue a press release Hold a press conference Continue the alternative report coalition Meet ministry staff Meet parliamentarians Meet United Nations country teams Hold a national conference Hold workshops on specific issues Assist in implementation Monitor and report on implementation

Sources

Convention on the Rights of Persons with Disabilities Committee’s reporting guidelines (CRDP/C/2/3) “Human rights and disability: alternative report Spain

2010”. Available from www.cermi.es Initial report of Spain (CRPD/C/ESP/1),

www.ohchr.org/EN/HRBodies/CRPD/Pages/Session6.aspx (accessed 9 August 2012)