THE ROLE OF NATIONAL HUMAN RIGHTS INSTITUTIONS IN ADVANCING ARTICLE 19 OF THE UN CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

Abstract

National Human Rights Institutions (NHRIs) established in accordance with the Principles relating to the Status of National Institutions (Paris Principles) have been identified as an essential pillar in the promotion and protection of the rights of persons with disabilities under article 33(2) of the CRPD. This article examines how NHRIs can leverage their respective mandates to address concerns on implementation of article 19 of the CRPD on the right to live independently in the community. Article 19 is especially important in the African context where persons with disabilities lack access to a range of in-home, residential and other state funded community support services as highlighted by the Committee on the Rights of Persons with Disabilities in concluding observations to African states. The article looks into the role played by NHRIs in realising article 19 of the CRPD, with reference to Kenya where the National Human Rights Institution has been designated as the monitoring agency under article 33(2) of the CRPD. The article also explores the potential role of NHRIs in promoting article 19.