Making rights a reality: What the United Nations does (Article: 34,35,36,37,38,39 & Optional Protocol)
The United Nations has set up a Committee on the Rights of Persons with Disabilities. The Committee is made up of independent experts in the disability field. Countries must report to the Committee on how well they are going with putting the Convention into practice. The first report must be done within two years after the Convention comes into force, and then at least every four years. The Committee will consider the reports and then make suggestions and recommendations to the countries.
The Committee reports to the United Nations General Assembly and United Nations Economic and Social Council every two years. The Committee may also give the reports to other parts of the United Nations in order to help the countries with any problems they are having with putting the Convention into practice.
If you feel that your rights have been breached, you can make a complaint to the Committee. Organisations and groups are also able to make complaints. You must try every process possible in Australia first, before taking your complaint to the UN.
The complaint is known as a “communication”. The Committee examines the complaint and makes suggestions and recommendations. If the Committee has recommendations or advice, it will forward them to the Country, and also make the recommendations public.
The Committee can also undertake an inquiry if appropriate and if they think it is necessary.
The Optional Protocol (OP) is an extra document that countries can sign if they want to. It goes with the Convention, but has a different purpose.
Some countries sign both the Convention and the OP, and some countries only sign the Convention.
If a country does not sign up to the OP, people cannot make a communication (complaint) to the UN about a breach of the Convention and the UN cannot investigate.
If a country is a signatory to the OP, this means that the UN can investigate complaints and make recommendation for change to the country involved.
Australia has signed up to both the Convention and the OP; this means we are willing to be open and transparent about how we are fulfilling our obligations.
This video was funded by the Australian Government. © DSS 2014
This video accompanying this text was endorsed by Deaf Australia. Category 1: Auslan signs, Auslan grammar. Deaf Australia Inc website.