Amplifying disabled people’s voices: The role of national human rights institutions
Caughey, Colin
Caughey, Colin
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Publication Date
2023-03-29
Type
Thesis
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Abstract
This thesis was funded under the Disability Advocacy Research in Europe (DARE) Marie Curie Innovative Training Network. The Network was sponsored by the EU by way of grant agreement 814249. The grant agreement included 15 work packages that are to be delivered by way of the development of a PhD thesis. The work package for the author of this thesis is titled ‘Amplifying Disability Voices: The Role of National Human Rights Institutions.’1 National Human Rights Institutions (‘NHRIs’) played a key role in the development of the United Nations Convention on the Rights of Persons with Disabilities (‘CRPD’). One of the most unique features of the CRPD is the requirement on states to designate an Independent Monitoring Mechanism (‘IMM’). This requirement is set out at Article 33(2) of the CRPD: 2. States Parties shall, in accordance with their legal and administrative systems, maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention. When designating or establishing such a mechanism, States Parties shall take into account the principles relating to the status and functioning of national institutions for protection and promotion of human rights. Article 33(2) makes reference to NHRIs, and in practice NHRIs have been designated as their state’s Independent Monitoring Mechanism.2 In requiring the development of domestic architecture to promote compliance the drafters of the CRPD sought to build on the pre-existing network of NHRIs.3 As the literature concerning Article 33 demonstrates, there was significant hope that NHRIs designated as IMMs would collaborate effectively with disabled people and their representative groups in order to influence domestic politics.4 In this research I explored to what extent this goal was being realized in practice. In doing so I have sought to identify how Disabled People’s Organisations (‘DPOs’) and NHRIs are collaborating to strengthen the voice of disabled people and to influence change. I have embarked on this exploration firstly by reviewing existing academic literature and reports by international bodies. I then proceeded to carry out empirical research at the international level and most substantively through conducting case studies of arrangements in Ireland and in Great Britain. In doing so I have carried out 51 interviews with key informants and held three engagement events. Prior to commencing this research, I was Director of Policy, Research and Legal at the Northern Ireland Human Rights Commission (‘NIHRC’) - one of the UK’s three NHRIs and designated as part of the UK’s IMM. In this role, I led the monitoring work relating to the CRPD and engagement with the disabled people’s movement (‘DPM’) for the NIHRC. Furthermore, I served as a member of the European Network of NHRIs Working Group on the UNCRPD and worked closely with the UNCRPD Committee in developing guidelines for engagement with NHRIs.5 Through my work I observed that the potential transformative effect of the CRPD was being hampered due to a general lack of understanding amongst both NHRIs and the DPM regarding the opportunities for collaboration. By undertaking this research, I aim to provide empirical insights into how NHRIs and the DPM are collaborating to inform discussions on how mutually beneficial relationships can be developed and sustained.
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NUI Galway