Professor Laverne Jacobs

Independent Expert Member of the United Nations Committee on the Rights of Persons with Disabilities

Newsletter (Vol. 1, Issue 1, September 2024)

The United Nations Committee on the Rights of Persons with Disabilities

In June 2022, Laverne Jacobs was elected to the United Nations Committee on the Rights of Persons with Disabilities (CRPD Committee). Dr. Jacobs is the first-ever Canadian to be elected to serve on the United Nations CRPD Committee, and her election is historic for that reason. The CRPD Committee stems from Article 34 of the UN Convention on the Rights of Persons with Disabilities. The Committee is made up of 18 independent experts which serve in their personal capacity and monitor the implementation of the Convention on the Rights of Persons with Disabilities by countries that have ratified it, referred to as states parties. The Committee reviews reports that are submitted by each state party on the measures it has taken to give effect to its obligations under the Convention. The Committee also reviews information that includes reports from organizations of persons with disabilities and human rights institute in the state party. The Committee then makes recommendations to states parties based on their review of the reports, information and a dialogue with the state party. These recommendations are recorded  Concluding Observations. Under the Optional Protocol, the CRPD Committee also receives Individual Communications leading to decisions and conducts inquiries.

Overview of the 28^th and 29^th sessions of the CRPD

The CRPD Committee held two sessions in 2023.

28^th session:

The CRPD Committee held its 28^th session from March 6 – 24, 2023. Six countries were reviewed: Angola, Argentina, Georgia, Peru, Togo and Tunisia. The Committee also addressed individual communications received from authors in the State of Palestine and Mexico.

The CRPD held a Day of General Discussion and a call for written submissions on persons with disabilities in situations of risk and humanitarian emergencies. As part of its ongoing work to prepare a General Comment 9 on Article 11. The purpose of the Committee’s General Comment is to clarify states parties’ obligations under Article 11 of the Convention and provide recommendations on measures they should adopt to ensure that they are in full compliance with their obligations to respect, protect and fulfil the human rights of persons with disabilities, in situations of risk and humanitarian emergencies.

Official documentation from the 28^th session, including the Programme of Work and complete Report of the CRPD Committee on the 28^th session, is available at this link.

29^th session:

The CRPD Committee held its 29^th session from August 14 – September 8, 2023. Eight countries were reviewed: Andorra, Austria, Germany, Israel, Malawi, Mauritania, Mongolia, and Paraguay, four of which were reviewed for the second time. The Committee also conducted follow-ups to the inquiries of the United Kingdom and Hungary. Additionally, the Committee considered 5 individual communications from authors in Spain, France, Canada*, Denmark and Sweden, and found violations in 3 of them. *(Note: Pursuant to Rule 60(c) of the CRPD Rules of Procedure, under section 14B on the General provisions regarding the consideration of communications by the Committee, as a national of the state party of Canada, Professor Laverne Jacobs did not examine this communication nor participate in the making of this decision.)

The Committee held a panel discussion on deinstitutionalization and adopted a statement calling on states parties to develop their deinstitutionalization policies and plans in line with the Committee’s guidelines. Additionally, the Committee adopted a statement on the rights of persons with disabilities to social protection including in situations of risk and humanitarian emergencies.

General documentation from the 29^th session, including the Programme of Work and complete Report of the Committee on its 29^th session, is available at this link.

During the 29^th session, Professor Laverne Jacobs served as a co-rapporteur on the CRPD Committee review of Malawi. On August 15^th, 2023, the Committee held its dialogue with the state party of Malawi in Geneva. In September 2023, the Committee adopted concluding observations, which highlighted positive steps taken by the government of Malawi to implement the Convention, but also discussed principal areas of concern and recommendations for the state party to take further action. At the end of the session, the CRPD Committee published its  Concluding Observations on the combined initial and second periodic reports of Malawi.

Laverne Jacobs served as a co-rapporteur in the follow-up to the United Kingdom inquiry. The first part of the follow-up to the inquiry, which included hearing from organizations of persons with disabilities and Independent Monitoring Mechanisms was held during the 29^th session in August 2023. The second part of the follow-up was scheduled for the 30^th session. In April 2013, the Committee received a formal request from a number of organizations of persons with disabilities alleging that serious and systematic violations of the provisions of the Convention were occurring in relation to persons with disabilities in the state party. They requested that the Committee initiate an investigation. The Committee found that there was reliable evidence showing that welfare reforms in the state party disproportionally and adversely affected the rights of persons with disabilities. During the 29^th session submissions were received from Deaf and disabled persons organizations, National Human Rights Institutions and Independent Monitoring Mechanisms throughout the UK. Ultimately, the Committee found ongoing violations of articles 19, 27 and 28 of the Convention on the Rights of Persons with Disabilities. In its final report, the Committee provided recommendations to the state party to ensure that it took appropriate measures to implement the rights set out in the Convention.

Find documentation related to the follow-up to the UK inquiry here.

a)     Moderator of the Deinstitutionalization panel discussion  

On August 18, 2023, during the 29^th session of the CRPD, the Committee held a panel discussion on deinstitutionalization. The panel topics included: the transformation of services for persons with disabilities, reparations for institutionalization, and intersectionality and emergency deinstitutionalization. Laverne Jacobs moderated the remedies portion of the discussion. The panel discussion was interactive and marked the one-year anniversary of the Committee’s Guidelines on deinstitutionalization, including in emergencies. The Global Coalition on Deinstitutionalization and several persons with disabilities made statements during the discussion and side events were held with a focus on dismantling the medical model of psychosocial disabilities.

Summaries of the public meetings of the Committee can be found here. Webcasts of the public meetings can be found here.  The programme of work of the Committee’s twenty-ninth session and other documents related to the session can be found here.

Individual Communications at the 28^th and 29^th sessions of the CRPD

Decisions adopted at the 28^th and 29^th sessions:

In its 28^th session, the Committee released decisions in relation to two individual communications filed by authors in the State of Palestine and Mexico, and found that in both cases, the respective state party had violated their obligations under the Convention. In its 29^th session, the Committee considered 5 individual communications from authors in Spain, France, Canada, Denmark and Sweden, and found violations in 3 cases.

Decisions adopted at the 28^th session:

al-Sayed and Mangisto v State of Palestine

Date of adoption: 23 March 2023

This case deals with the disappearance of two Israeli nationals with psychosocial disabilities into the Gaza strip. The Committee found that the state party had an obligation to secure the rights of persons with disabilities under the Convention in all parts of its territory, including occupied territory.

Garcia Vara v Mexico

Date of adoption: 23 March 2023

This case deals with an individual with intellectual disabilities who applied for admission to a college of arts and was denied. The Committee found that under the Convention, the state party was obligated to guarantee accessibility to tertiary education and provide reasonable accommodations during the admission process.  

Decisions adopted at the 29^th session:

Mikkelsen v Denmark

Date of adoption: 25 August 2023

This case deals with an individual with psychosocial disabilities who was forcibly hospitalized and subjected to unwanted psychiatric interventions and medical treatments. The Committee found that under the Convention, the state party is obligated to protect the liberty and security of persons with disabilities and ensure that they are free from torture or cruel, inhuman or degrading treatment or punishment.

RM.H. v Sweden

Date of adoption: 25 August 2023

The author was seeking asylum in Sweden and submitted that his neuropsychiatric and psychosocial disabilities were not accommodated or considered during Sweden’s asylum process. The author was ultimately granted a residence permit and therefore requested that the Committee discontinue its consideration of his communication.

R.K.H.M. v Canada

Date of adoption: 25 August 2023

* (Note: Pursuant to Rule 60(c) of the CRPD Rules of Procedure, under section 14B on the General provisions regarding the consideration of communications by the Committee, as a national of the state party of Canada, Professor Laverne Jacobs did not examine this communication nor participate in the making of this decision.)

This case deals with a Sri Lankan national who self-identifies as a member of the LGBTQ2S+ community and sought asylum in Canada due to the risks he would face in Sri Lanka should he be deported. The author argues that Canada violated his access to justice rights under article 13 of the CRPD by failing to accommodate his cognitive impairment during the asylum process. Ultimately, the author was granted permanent residence on humanitarian and compassionate grounds and therefore the Committee discontinued consideration of his communication.

J.M.V.A. v Spain

Date of adoption: 25 August 2023

This case dealt with an author with a disability who was deprived of continuing to work under modified duties. The Committee found that the state party’s failure to enact local regulations on modified duties violated rights under article 5 (equality and non-discrimination) and article 27 (work and employment) of the Convention.

Gaetan Sabadie v France

Date of adoption: 25 Aug 2023

This case dealt with a farmer with disabilities, who, while undergoing a lengthy liquidation procedure faced several procedural barriers in accessing justice. The Committee found that the author was denied procedural accommodations and therefore that the state party had failed to fulfill its obligations under article 13 of the Convention.