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2016 E. Afr. L.J. 50 (2016-2017)
Promotion, Protection and Monitoring: Implementing Article 33 (2) of the United Nations Convention on the Rights of Persons with Disabilities in Kenya

handle is hein.journals/easfrilaj2016 and id is 60 raw text is: PROMOTION, PROTECTION AND MONITORING: IMPLEMENTING ARTICLE 33 (2) OF THE UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES IN KENYA Mirriam Nthenge* I: INTRODUCTION Monitoring human rights treaties is a prerequisite for assessing whether implementation measures are adopted and applied, and evaluating their results and providing feedback to support further implementation.' Monitoring mechanisms foster accountability and, over the long term, strengthen the capacity of states to fulfil their commitments and obligations.2 The United Nations Convention on the Rights of Persons with Disabilities (CRPD) has been described as the most revolutionary treaty of the 21 century. The CRPD was adopted on December 13, 2006 by the United Nations General Assembly and was open for ratification in 2007.3 The CRPD's central novelty lies in its tripartite approach to the human rights of persons with disabilities. First, it combines civil and political rights with economic, social and cultural rights.' Second, it underlines the participation of persons with disabilities and their representative organisations in all decision-making processes.' Third, which is the central theme of this article, is the Convention's structures of implementation and monitoring. Unlike other treaties, the CRPD establishes two monitoring mechanisms: at the international level6 and at the national level. The latter mechanism, which is anchored in Article 33 of the Convention, obliges State Parties to designate focal points and coordination mechanisms within government for matters relating to the implementation of the Convention7 and establish or designate monitoring frameworks to protect, promote and monitor implementation of the Convention. Policy Research Officer, Kenya Dialogues Project, Society for International Development (SID); LL.M International and Comparative Disability Law and Policy (National University of Ireland). 1 Para 11. Office of the High Commissioner for Human Rights. 'Thematic study by the Office of the UN High Commissioner for Human Rights on the Structure and Role of National Mechanisms for the Implementation and Monitoring of the Convention on the Rights of Persons with Disabilities'. A/HRC/1 3/29 (2009). 2 Ibid. 3 Resolution A/RES/61/106;see current status of ratification of the CRPD <http://tbinternet.ohchr.org/_1ayouts/ TreatyBodyExternal/Treaty.aspx> (accessed on 9 March 2016). 4 See for instance Article 19 of the CRPD on living independently and being included in the community. 5 Articles 3 (c) and 4 (3) of the CRPD. 6 Article 34 of the CRPD provides: There shall be established a Committee on the Rights of Persons with Disabilities (hereafter referred to as the Committee), which shall carry out the functions hereinafter provided. 7 Article 33 (1) of the CRPD. 8 Article 33 (2) of the CRPD.

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