ANALYSIS OF THE JURISPRUDENCE OF THE COMMITTEE ON THE RIGHTS OF PERSONS WITH DISABILITIES

Abstract

The Committee on the Rights of Persons with Disabilities established

with the United Nations Convention on the Rights of Persons with

Disabilities adopted on 13 December 2006 is the main human rights

treaty body dealing with the rights of persons with disabilities. The

Committee under the Optional Protocol of the abovementioned

Convention is mandated inter alia to receive and consider

communications from or on behalf of individuals or groups of individuals

subject to jurisdiction of concrete State Party to the Optional Protocol

who claim to be a victim of a violation by that State Party of the

provisions of the Convention. This paper explores the modality of the

work of the Committee dealing with admissibility of the communications

and the merits, and the legal nature of its suggestions and

recommendations submitted to the State Party concerned and to the

petitioners. Furthermore, the paper analyses in total the jurisprudence of

the Committee on the Rights of Persons with Disabilities till nowadays

and its adopted views on variety of articles of the Convention. Finally,

the paper presents ways forward in increasing the importance of the

adopted views of the Committee in safeguarding the fundamental rights

enshrined in the Convention. The text uses the jurisprudence of the

Committee as well as reports and analysis that have been developed on

the same subject matter.