Research On The Supervisory Mechanism Of Convention On The Rights Of Persons With Disabilities

Legally based on all the major international human rights treaties, United Nations human rights treaty monitoring mechanism is not only one kind of human rights protective mechanism which monitors the implementation of human rights treaty obligations of States Parties by the specific monitoring system adopted by an independent treaty body,but also is the important part of the United Nations human rights protection and monitoring mechanisms.Convention on the Rights of Persons with Disabilities regulates a system of periodic reports of States parties which is the basic implementation system.A review of the communication system is established by the Optional Protocol to Convention on the Rights of Persons with Disabilities.Thus,the implementation of the Convention is monitored and the State Parties can protect human rights better.The Convention adopts the way to monitoring not by government representative's direct supervision of the State party,but by an independent standing body of experts,that is,the Committee on the Rights of Persons with Disabilities.The supervisory mechanism of Convention on the Rights of Persons with Disabilities is constituted by the system of periodic reports of contracting states and appealing system for individuals which established by Optional Protocol.The report system of contracting states is the most basic execution mechanism of all convention supervisory mechanism, when it coordinate with the application of appealing system for individuals,it can bring the role of contracting states in protecting persons with disabilities into play better.In order to realize the rights of persons with disabilities,a dedicated global monitoring mechanism is the tremendous progress and development of international protection of the rights of persons with disabilities.This thesis analyzes the monitoring body and procedures of the Convention,starting with the basic framework of the Convention. Although the monitoring system is good on the whole,there are also too heavy burden on the State party's report and other problems such as the limited scope of application of the treaty of the communication system, the overlap of the functions of the monitoring mechanism and so on. Finally,the research purpose is to protect and promote Chinese protection of the rights of persons with disabilities.Chinese protection of the rights of persons with disabilities has made some achievements,but it is still needed to further improve the legislation and to strengthen judicial relief. To this end,China should seriously carry out the commitments in the Convention and take effective steps to ensure that the Convention on the Rights of Persons with Disabilities is realized gradually so that the rights of persons with disabilities in China are protected and realized truthfully.