Thanks to the adoption of the Optional Protocol to the Convention on the Rights of Persons with Disabilities (see OP CRPD), a State party may recognize the competence of the Committee to receive and consider individual communications.
Once the Committee receives a communication, it forwards the petition to the State party concerned in order to allow national authorities to submit any written explanation on the case within six months. It may also ask to the State party the adoption of interim measures to avoid to petitioner(s) any irreparable damage. The Committee evaluates first the admissibility of a communication and, only if it is admissible, it examines the merits. Under Art. 2 of the Protocol, a communication is inadmissible when:
- it is anonymous;
- it is already been examined or is being examined by another procedure of international investigation or settlement;
- all available remedies at the domestic level were not exhausted;
- the facts occurred before the entry into force of the Protocol.
Being the communication admissible, the Committee examines the merits and finally submits its views to the State Party concerned and to the petitioner(s).
The Optional Protocol set forth in Art. 6 and 7 also a confidential inquiry procedure. Indeed, when the Committee receives reliable information indicating grave or systematic violations by a State Party, it invites that State Party to submit its observations on the matter. In such a case, the Committee may deem appropriate to conduct an inquiry which can include a visit in the State party concerned. After the exam of the findings, the Committee may formulate recommendations to be transmitted to the State party in question. The latter may forward to the Committee all the comments it considers necessary within six months and, if required, information on the measures adopted in response to such an inquiry.
Useful documents
Procedure for submitting communications to the Committee under the OPCRPD (doc. CRPD_C_5_2_Rev_1, 12 April 2012)
Guidelines for submission of communications to the CRPD under the OPCRPD (doc. CRPD_C_5_3_Rev_1), 5 June 2012)