Amplifying disabled people’s voices: The role of national human rights institutions
Date
2023-03-29Author
Caughey, Colin
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Abstract
This thesis was funded under the Disability Advocacy Research in Europe (DARE) Marie
Curie Innovative Training Network. The Network was sponsored by the EU by way of grant
agreement 814249. The grant agreement included 15 work packages that are to be delivered by
way of the development of a PhD thesis. The work package for the author of this thesis is titled
‘Amplifying Disability Voices: The Role of National Human Rights Institutions.’1
National Human Rights Institutions (‘NHRIs’) played a key role in the development of the
United Nations Convention on the Rights of Persons with Disabilities (‘CRPD’). One of the
most unique features of the CRPD is the requirement on states to designate an Independent
Monitoring Mechanism (‘IMM’). This requirement is set out at Article 33(2) of the CRPD:
2. 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.
Article 33(2) makes reference to NHRIs, and in practice NHRIs have been designated as their
state’s Independent Monitoring Mechanism.2
In requiring the development of domestic
architecture to promote compliance the drafters of the CRPD sought to build on the pre-existing
network of NHRIs.3 As the literature concerning Article 33 demonstrates, there was significant
hope that NHRIs designated as IMMs would collaborate effectively with disabled people and
their representative groups in order to influence domestic politics.4
In this research I explored
to what extent this goal was being realized in practice. In doing so I have sought to identify how Disabled People’s Organisations (‘DPOs’) and NHRIs are collaborating to strengthen the
voice of disabled people and to influence change.
I have embarked on this exploration firstly by reviewing existing academic literature and
reports by international bodies. I then proceeded to carry out empirical research at the
international level and most substantively through conducting case studies of arrangements in
Ireland and in Great Britain. In doing so I have carried out 51 interviews with key informants
and held three engagement events.
Prior to commencing this research, I was Director of Policy, Research and Legal at the Northern
Ireland Human Rights Commission (‘NIHRC’) - one of the UK’s three NHRIs and designated
as part of the UK’s IMM. In this role, I led the monitoring work relating to the CRPD and
engagement with the disabled people’s movement (‘DPM’) for the NIHRC. Furthermore, I
served as a member of the European Network of NHRIs Working Group on the UNCRPD and
worked closely with the UNCRPD Committee in developing guidelines for engagement with
NHRIs.5 Through my work I observed that the potential transformative effect of the CRPD was
being hampered due to a general lack of understanding amongst both NHRIs and the DPM
regarding the opportunities for collaboration. By undertaking this research, I aim to provide
empirical insights into how NHRIs and the DPM are collaborating to inform discussions on
how mutually beneficial relationships can be developed and sustained.