Elementos del costo de producción

While not always thought of as an implementation measure, monitoring too has a key role. Through monitoring, it is possi- ble to see which implementation measures have worked and which have not. It helps to refine laws and policies and other implemen- tation measures, and ensure that budgets are used optimally. It also helps to uncover human rights breaches so that remedies can be granted to victims and, it is hoped, further breaches prevented.

Paramount is the process of State par- ties reporting to the Committee on the Rights of Persons with Disabilities. Civil society and national human rights institutions can also provide information to the Committee through what are called alternative reports. Module 7 examines State reports and alter- native reports in detail.

In addition to monitoring at the interna- tional level, monitoring can also be national. According to the OHCHR Manual on Human Rights Monitoring, 11 _{“human rights monitor-}

ing” is a broad term describing the active collection, verification, analysis and use of information to assess and address human rights concerns. Monitoring takes place over a protracted period of time. The term “mon- itoring” also includes the collection, verifica- tion and use of information to address human rights problems raised in relation to laws, policies, programmes and budgets and other interventions.

Several aspects of this definition are worth highlighting:

11 _{Professional Training Series No. 7/Rev.1 (United Nations}

publication, forthcoming).

− Monitoring is a process: from collec- tion to verification to the use of infor- mation.

− Information collection can relate to many situations: one-off situations, such as incidents or events; or ongo- ing situations, such as service deliv- ery in psychiatric hospitals, schools, an inaccessible workplace and so on.

− Monitoring is not just about situa- tions, but also about laws, policies and budgets. Given that the ratifica- tion of a human rights treaty requires changes to laws and policies, it is important that monitoring also includes the review of laws, policies and strategies as well as budgets to identify the extent to which they reflect the norms and standards in the treaty.

− Monitoring involves several actors. Human rights monitoring concerns both the situation of rights and rights-holders, as well as the respect for duties and the situation of duty-bear- ers. Consequently, monitoring should involve not only persons with disabil- ities whose rights might be affected, but also government actors (staff at ministries, local authorities and oth- ers) so that: (a) the level of respect for duties is understood; and (b) all sides of the story are examined and infor- mation is verified.

− Monitoring has a purpose. The infor- mation gathered through monitor- ing should be used to improve the respect for rights and duties. If there has been a breach of a right, the information should seek to provide solutions and remedies for the vic-

tim and help government actors fulfil these rights in the future.

− Monitoring can occur at different

stages. Monitoring generally starts with the collection of primary infor- mation or information direct from the source. However, monitoring can also occur through the use of secondary sources. For example, the Committee on the Rights of Persons with Dis- abilities undertakes monitoring on the basis of State parties’ periodic reports and the alternative reports submitted by civil society and national human rights institutions.

Monitoring focuses mainly on:

− Laws, policies, budgets, programmes. The Convention requires the review and, generally, the reform of a range of laws, policies and strategies: for example, ensuring that anti-discrimi- nation laws protect against discrimi- nation on the basis of disability and that other laws, such as those on health, education or construction, do not discriminate on the basis of disability. In addition, given that the Convention requires the appropri- ate allocation of resources, budgets can also be monitored. In addition, programmes and strategies, such as national development strategies or strategies related to humanitarian emergencies, have great potential to affect the rights of persons with dis- abilities, depending on the extent to which they mainstream disabilities. All of these may be monitored.

− Incidents and events can lead to indi- vidual violations of human rights and it is important that these should be monitored. Such data might come

directly from victims. Data might also come from media accounts and other sources, including legal pro- ceedings. This is a traditional focus of human rights monitoring.

− Situations and places. At times, there are particular situations, such as service provision, or places, such as institutions, which could give rise to human rights problems. The level of accessibility of schools might be monitored to identify the principal barriers to inclusive education. Sur- veys of employers might identify the issues that need to be addressed to ensure inclusive employment and the provision of reasonable accommo- dation in the workplace. Even where allegations of individual violations have not emerged (events), monitor- ing might uncover violations or help prevent them.

Anyone can monitor the situation of the rights of persons with disabilities. However, certain actors have particular responsibili- ties:

• States. As noted above, the State has an obligation to report to the Commit- tee on the measures it has adopted to implement the Convention.

• NHRIs. Under article 33, NHRIs have a role to promote, protect and monitor the provisions of the Convention. This func- tion is discussed in greater detail in mod- ule 6. Here, it is important to underline that these institutions have to conform to the Paris Principles, which means that they have to have competency to submit reports to the Government, parliament and others on issues such as: conformity of laws to human rights standards; any situation where a human rights violation

has occurred; the national human rights situation; its opinion on government reactions to reports on the human rights situation. National preventive mecha- nisms under the Optional Protocol to the Convention against Torture should con- sider including the rights of persons with disabilities within the scope of their mon- itoring activities.

• Civil society/DPOs. According to arti- cle 33 (3), civil society, and particularly persons with disabilities and their repre- sentative organizations, shall be involved and participate fully in monitoring the Convention. This means that they should be involved in the monitoring organized, for instance, by the independent mech- anism or by the Government. In addi- tion, civil society, particularly persons with disabilities and their representative organization, should, in its own capac- ity, monitor and defend the rights of per- sons with disabilities.

• Other civil society actors. Article 33 (3) refers to civil society generally. Civil soci- ety organizations that are not DPOs also have a role in monitoring. For example, when monitoring the broader human rights situation, human rights NGOs should ensure that they also monitor the rights of persons with disabilities. A failure to do so could result in the exclu-

sion of persons with disabilities from the post-monitoring phase as solutions and remedies are identified and imple- mented.

• Intergovernmental organizations. Some intergovernmental organizations have a monitoring role. This is particularly the case for stand-alone OHCHR field offices and human rights components of peace missions. Several field presences, such as those in Timor-Leste and Sierra Leone, are actively involved in monitor- ing aspects of the Convention. In addi- tion, regional organizations, such as Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe, monitor elections and it is important to ensure that these activities also take into account the rights of persons with disa- bilities.

As set out in article 31 on data collection and statistics, by collecting appropriate infor- mation, including statistical and research data, States are enabled to formulate and implement policies to give effect to the Con- vention. The Convention’s implementation can be stepped up through evidence-based policy implementation, based on domes- tic monitoring and reporting, as well as on reports to the Committee and the Commit- tee’s concluding observations.

Introduction

Discrimination refers to the act of treating someone or something differently and is not necessarily negative. To say that someone is discriminating can mean that the person has good taste or judgement. However, discrim- ination can also mean that someone treats certain people unfairly because of those per- sons’ characteristics. It is this second mean- ing of discrimination which concerns human rights law.

The Universal Declaration of Human Rights recognizes that: Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, reli- gion, political or other opinion, national or social origin, property, birth or other status.

This simple statement has been repeated in national laws and constitutions and regional and United Nations treaties. But what does it mean in practice? Discrimination can occur in many forms: very open, laid down in law or hidden. It is often the result of prejudices, economic and social disparities, and reli- gious and cultural misconceptions. If we are to combat discrimination, we have to combat these negative attitudes.

Discrimination on the basis of disability

today affects a large portion of the world’s population. It is one of the main problems persons with, or associated with, disabilities

face. It manifests itself in different forms and can have disastrous effects on their lives and, by extension, on the rest of society. Accord- ing to the Committee on Economic, Social and Cultural Rights, in its general comment No. 5 (1994):

[…] discrimination against persons with disabilities [has] a long history and [takes] various forms. They range from invidious discrimination, such as the denial of educational opportu- nities, to more “subtle” forms of dis- crimination such as segregation and isolation achieved through the impo- sition of physical and social barriers. […] Through neglect, ignorance, preju- dice and false assumptions, as well as through exclusion, distinction or sepa- ration, persons with disabilities have very often been prevented from exer- cising their economic, social or cultural rights on an equal basis with persons without disabilities. The effects of dis- ability-based discrimination have been particularly severe in the fields of edu- cation, employment, housing, trans- port, cultural life, and access to public places and services. (emphasis added) While the general comment focused specifically on economic, social and cultural rights, the same is true for civil and politi- cal rights. For example, in many countries, some persons with disabilities are still denied the right to vote as well as legal capacity to

marry or enter into contracts to buy or sell property.

It is difficult to discuss discrimination with- out also considering the concept of equality. In human rights law, non-discrimination and equality are really two sides of the same coin. By combating discrimination, we hope to combat the underlying factors in society that lead to inequality. And if we deal with the factors leading to inequality, we hope to prevent discrimination.

However, the relationship between non-discrimination and equality raises confu- sion over what is meant by “equality”. When we refer to the term “equality”, we often think of things that are the same, identical or equiv- alent. However, when we talk about equality in the context of human rights, we are not nec- essarily saying that all people are identical or the same. Rather, we are saying that every- one has the same rights. In order to ensure that everyone has the same rights, two people might at times have to be treated differently because of their inherent difference (such as different sex, different linguistic heritage, dif- ferent minority status or different impairments).

Treating two people differently in this way can lead to confusion and also to claims of discrimination. But this is not discrimina- tion. It is merely an acknowledgement that people are different but that they have the same rights; to make equality a reality, differ- ent strategies might be needed for different people.

A. Forms of prohibited