Complaint Mechanism - UN Committee on the Rights of Persons with Disabilities
last updated 12 June 2013 – Information subject to change. Please check the Committee website for updates.
 
Type of Mechanism
Complaint Procedure under the Optional Protocol to the Convention on the Rights of Persons with Disabilities
Scope of the Procedure
The rights enumerated in the Convention on the Rights of Persons with Disabilities
Who Can Submit a Complaint
Individuals or groups of individuals, under the jurisdiction of a State party to the Optional Protocol, claiming to be victims of violations of any rights contained in the Convention; or NGOs acting on the behalf of a victim or group of victims.
Role of Advocates
NGOs can submit communications on behalf of individuals or groups of individuals claiming to be victims of violations of the Covenant. NGOs submitting complaints on behalf of individuals must show proof of consent to the submission of the complaint or justification for not obtaining consent. Because the Committee meetings in which the communication is considered are closed, advocates are not able to participate in the examination process. 
Available Remedies
The Committee may at any time request that the State issue interim measures to protect the victim(s). Once a determination of the merits has been reached, the Committee may issue a finding on behalf of the victim(s). The Committee’s finding as well as any recommendations the Committee may have are transmitted to the State party, which then has six months to submit a response indicating the action taken. In cases of "grave and systematic violations" by a State party, the Committee may also initiate its own inquiry into the situation.
What the Complaint should Include[1]
The subject of the complaint must indicate a violation of the provisions of the Convention, must be substantiated (including relevant facts and any supporting documentation), must not be incompatible with the treaty, must not be anonymous, and must not have occurred prior to the entry into force of the Protocol for the State party, unless the violation has continued. The complaint must include information showing that the victim has exhausted domestic remedies or provide evidence that national remedies are unavailable or ineffective. The complaint should also indicate whether the matter is or has been a subject of international investigation or settlement.
 
Complaints which have been previously examined by the Committee or are the subject of any other international investigation will not be considered. Complainants are encouraged to use the guidelines for submission of communications available on the UN Human Rights website.
Articles of the Covenant Concerning Violence Against Women[2]
Article 16 of the Convention specifically addresses freedom from exploitation, violence and abuse. The Committee requests that all State parties provide, in their reports to the Committee, information regarding legislation and practice protecting persons with disabilities from all forms of exploitation, violence, and abuse, both within and outside of the home, in accordance with Article 16 of the Convention.
Where to Send Communications
The complaint must be submitted in writing in one of the six official UN languages to:
 
Petitions Team
Office of the High Commissioner for Human Rights
United Nations Office at Geneva
1211 Geneva 10, Switzerland
E-mail: petitions@ohchr.org
 
 

[1] Committee on the Rights of Persons with Disabilities, Fact sheet on the procedure for submitting communications to the Committee on the Rights of Person with Disabilities under the Optional Protocol to the Convention, UN Doc. CRPD/C/5/2/Rev1, 12 Apr. 2012; Committee on the Rights of Persons with Disabilities, Revised guidelines for submission of communications to the Committee on the Rights of Persons with Disabilities under the Optional Protocol to the Convention adopted by the Committee on the Rights of Persons with Disabilities, UN Doc. CRPD/C/5/3/Rev.1.
[2] Committee on the Rights of Persons with Disabilities, Guidelines on treaty-specific document to be submitted by states parties under article 35, paragraph 1, of the Convention on the Rights of Persons with Disabilities, UN Doc. CRPD/C/2/3, 18 Nov. 2009, accessed at http://www.ohchr.org/Documents/HRBodies/CRPD/CRPD-C-2-3.pdf.