Optional Protocol to the Convention on the Rights of Persons with Disabilities

The OP-CRPD complements the international mechanism on monitoring the implementation of the rights of persons with disabilities, which consists of a review of national reports by the CRPD Committee (CRPD, Articles 34-36). Adopted together with the Convention, the Optional Protocol provides, in addition, a) a procedure on submitting to the CRPD Committee individual communications against alleged violations, which can be triggered by the victims, and b) a procedure on inquiry into serious violations, which the CRPD Committee may initiate on its own initiative. Acceptance of both procedures by States Parties derives, automatically, from ratification of the OP-CRPD. Parties may however decide to not recognize the authority of the CRPD Committee to conduct inquiries by making an 'opt out' declaration. The OP-CRPD provisions reflect, for a great part, the corresponding clauses of previous UN human rights treaties, with however differences in respect of the OP-CEDAW, which was regarded by many as a model at the time of negotiation. Differences are softened, however, if one looks at the applicable CRPD Committee's RP and the (still poor) relevant practice. As is obvious, the OP-CRPD is open to ratification only by CRPD Contracting Parties. The drafters do not seem, however, to have paid particular attention to substantial coordination of the supplementary agreement with its 'mother' Convention; on other hand, the relationship among the two legal instruments is governed by the general rules of the law of treaties.