FRA Opinion concerning requirements under Article 33 (2) of the UN Convention on the Rights of Persons with Disabilities within the EU context

This opinion addresses the designation and operation of a framework established under Article 33 (2) of the CRPD at EU level (EU Framework). It aims to clarify the requirements of an EU Framework in light of the monitoring practice and jurisprudence of the CRPD Committee and – with regard to the concept of independence –the Committee interpreting the Paris Principles on the establishment of National Human Rights Institutions (NHRIs).

Although concluding observations issued by treaty bodies are not legally binding on parties, they constitute the primary record of findings and recommendations concerning national implementation. They are therefore important interpretative tools for the respective treaties.

To ground the advice for the EU Framework in practical terms, the situation in EU Member States regarding national Article 33(2) frameworks is explored in each section. While practices at the national level neither determine normative understanding of Article 33 of the CRPD nor the approach to be taken by the EU, they do offer a valuable evidence base that can inform how to best build the EU Framework.