The State party is required, within six months of receiving the Committee’s
decision and recommendations, to submit a written response detailing any
action it has taken. The Committee may subsequently invite the State party to
submit further information. This may take the form of an update in the State
party’s subsequent periodic report20 to the Committee.
E.
Procedure under the Optional Protocol to the Convention
on the Rights of Persons with Disabilities
The Convention on the Rights of Persons with Disabilities, adopted on 13 December 2006, promotes the full enjoyment by persons with disabilities of
their human rights and fundamental freedoms and sets out obligations for
State parties designed to ensure the legal and practical enjoyment of these
rights and freedoms.
The complaint mechanism under the Convention is established by its Optional Protocol, which was adopted on the same day. It is a separate treaty
open to State parties to the Convention. States that have become a party to
the Optional Protocol recognize the competence of the Committee on the
Rights of Persons with Disabilities—a panel of 18 independent experts that
meets twice a year—to receive complaints from individuals subject to their
jurisdiction who claim to be victims of a violation of the provisions of the
Convention.21
Additional pointers
Complaints are to be submitted in writing or in an alternative format that
enables a legible copy of its content to be transmitted to the State party.
A complaint will be inadmissible not only if the same matter is being examined
under another procedure of international investigation or settlement but also if it
has already been examined by such procedure or the Committee itself.
The Committee on the Rights of Persons with Disabilities applies the criteria
set forth in article 12 of the Convention on the Rights of Persons with Disabilities, recognizing the legal capacity of the author or alleged victim, regardless of whether this capacity is recognized in the State party against which
the complaint is directed.
Under its rules of procedure the Committee can obtain, through the Secretary-General of the United Nations, any documentation from organizations
within the United Nations system or other bodies that may be of assistance
Periodic reports submitted by State parties under article 18 of the Convention.
For more information about the Committee on the Rights of Persons with Disabilities, see
its web page: www.ohchr.org/EN/HRBodies/CRPD/Pages/CRPDIndex.aspx (accessed
28 March 2013).
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