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Art.38 Relationship of the Committee with Other Bodies

Ilias Bantekas

From: The UN Convention on the Rights of Persons with Disabilities: A Commentary

Edited By: Ilias Bantekas, Michael Ashley Stein, Dimitris Anastasiou

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 26 March 2023

Disability — Jurisdiction

This chapter examines Article 38 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which aims to foster cooperation between the Committee and a wide range of entities—inter-governmental, governmental, or private—with a view towards enhancing its work in the field of disability rights and protection. Unlike the past, recent practice within the UN has effectively abolished most barriers that prevented human rights treaty bodies from openly and officially communicating with external actors, at least in respect of country reports and general interaction in issues of common interest. In some cases, treaty bodies have proceeded to initiate a confidential inquiry on the basis of information received by non-governmental organizations (NGOs). Article 38 not only allows the Committee to receive information, expert advice, and reports from other UN bodies, national human rights institutions, NGOs, but also renders such representation by specialized agencies and UN organs an entitlement.

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