United Kingdom of Great Britain and Northern Ireland – IMM situation

IMM name: United Kingdom Independent Mechanism (UKIM)

IMM type: National Human Rights Institution

CRPD ratification date: 8 June 2009

IMM legal framework: Law on the Rights of Persons with Disabilities No 20 for the Year 2017

The United Kingdom of Great Britain and Northern Ireland ratified the CRPD on 8 June 2009. Law on the Rights of Persons with Disabilities No 20 for the Year 2017, which was published in the official gazette on 1 June 2017, assigned the mandate to the National Centre for Human Rights HCD. In 2009 the United Kingdom of Great Britain and Northern Ireland Government designated the Equality and Human Rights Commission (EHRC), the Equality Commission for Northern Ireland (ECNI), the Northern Ireland Human Rights Commission (NIHRC) and the Scottish Human Rights Commission (SHRC) as UKIM under Article 33 of the United Nations Convention on the Right of Persons with Disabilities (CRPD).

The IMM National Human Rights Institution is not part of a monitoring framework consisting of another or other entities. The IMM is mandated with promoting, protecting and monitoring the implementation of the CRPD by the United Kingdom of Great Britain and Northern Ireland government. The IMM is also mandated with the following functions:

• Promoting the rights of persons with disabilities, including through education, outreach, the media, training, and capacity building: The individual Commissions that comprise the independent monitoring mechanism in the United Kingdom of Great Britain and Northern Ireland promote the rights of disabled people through a range of activities, including the development and promotion of advice and guidance; training and capacity-building activities; communications and media work; and outreach and engagement with a range of stakeholders. The rights of disabled people under the CRPD are promoted through the Equality and Human Rights Commission’s human rights tracker. The Northern Ireland Human Rights Commission has provided training and capacity building to the Independent Mechanism for Northern Ireland’s (IMNI) disability forum. The Equality Commission for Northern Ireland has promoted the rights of disabled people through the use of press releases, blogs, social media and podcasts
• Protecting the rights of persons with disabilities, including by receiving, investigating, and resolving complaints, or by mediating conflicts and monitoring activities and reporting: The individual Commissions that comprise UKIM have varying powers to monitor compliance with CRPD rights. The respective Commissions have monitored compliance with CRPD rights during the COVID-19 pandemic and have made several interventions, such as in relation to the provision of public health information in accessible communication forms. The Equality and Human Rights Commission has the power to carry out inquiries and investigations; for example, the Commission carried out an inquiry on accessible housing. Both the Northern Ireland Human Rights Commission and the Equality Commission for Northern Ireland can investigate issues, provide legal advice and interventions, and monitor rights compliance
• Monitoring the implementation of the CRPD: The United Kingdom of Great Britain and Northern Ireland Independent Mechanism (UKIM) monitors the implementation of the UN CRPD and periodically reports to the UN CRPD Committee to provide evidence to inform the CRPD review cycle in the United Kingdom of Great Britain and Northern Ireland. The Independent Mechanism for Northern Ireland (IMNI) exists to promote, protect, and monitor the implementation of the CRPD in Northern Ireland

The IMM undertakes/has undertaken the following activities:

• Developing a plan to monitor the implementation of the CRPD by the State. The Commissions that comprise UKIM individually and collectively monitor the implementation of the CRPD by the State. For example, the EHRC’s human rights tracker provides assessments of the United Kingdom of Great Britain and Northern Ireland and Welsh Government’s compliance with a range of human rights standards, including CRPD rights. ECNI commissions periodic independent research into CRPD compliance in Northern Ireland aligned to the reporting cycles of the UNCRPD Committee
• Evaluating policy, legislative and administrative compliance with the CRP. The Commissions that comprise UKIM individually and sometimes collectively evaluate compliance with the CRPD. The Commissions use this analysis in a range of activities, from providing advice to Governments and Parliaments to reporting to the UNCRPD Committee;
• Offering legal and policy advice to ensure compliance with the CRPD and other relevant international human rights obligations of the State. The Commissions that comprise UKIM individually offer legal and policy advice to promote compliance with the CRPD and other international human rights obligations. For example, ECNI is part of the Northern Ireland Department for Communities Disability Strategy Co-Design Group, and the EHRC provided advice to the United Kingdom of Great Britain and Northern Ireland Government to inform the development of its national disability strategy
• Initiating or undertaking research studies on the rights of persons with disabilities: The Commissions that comprise UKIM individually initiate or undertake research on the rights of disabled people. For example, ECNI commissions periodic independent research into CRPD compliance in Northern Ireland aligned to the reporting cycles of the UNCRPD Committee
• Promoting the rights of women and girls with disabilities in legislation and policies, including in the disability and gender-equality legislation and programmes: The Commissions that comprise UKIM individually promote the rights of disabled women and girls. For example, ECNI’s Gender Equality Policy Priorities and Recommendations include several specific references to the rights of disabled women. The EHRC has provided policy briefings to advise Parliament on policy and legislation relating to violence against women and girls that has highlighted specific issues facing disabled women and girls
• Focusing monitoring of the rights of women and girls with disabilities and reporting: The Commissions that comprise UKIM individually and collectively monitor the rights of disabled women and girls as part of its wider monitoring work on compliance with CRPD rights
• Undertaking investigations on the rights of persons with disabilities: The Commissions that comprise UKIM individually undertake investigations or inquiries on the rights of disabled people. For example, in 2020, the EHRC carried out an inquiry into the experiences of disabled defendants in the criminal justice system in England, Scotland and Wales
• Submitting alternative reports to the CRPD Committee and other relevant human rights treaty bodies or international human rights mechanisms. The Commissions that comprise UKIM collectively: Submit alternative reports to the UN CRPD Committee to report on the United Kingdom of Great Britain and Northern Ireland’s compliance with CRPD rights. The Commissions individually report to other UN treaty bodies on the United Kingdom of Great Britain and Northern Ireland’s compliance with other international human rights obligations
• Cooperating with other domestic mechanisms, as appropriate, such as the Parliament, the National Preventive Mechanism (NPM), National Human Rights Institutions (NHRI) and Equality Bodies, with the aim to reinforce human rights monitoring and reporting at the national level: The Commissions that comprise UKIM include all of the National Human Rights Institutions and Equality Bodies in the UK and cooperate with various other relevant bodies, including Parliament and the National Preventive Mechanism
• Liaising with the focal point(s) designated within government under Article 33(1) for matters relating to the Convention’s implementation: the Commissions that comprise UKIM have collectively and individually liaised with the lead departments within the United Kingdom of Great Britain and Northern Ireland and devolved Governments relating to the implementation of the CRPD through correspondence and meetings. The EHRC holds a Treaty Monitoring Working Group, which the lead the United Kingdom of Great Britain and Northern Ireland Government Departments attend responsible for the implementation of the different UN treaties, including the Cabinet Office Disability Unit, which leads to the implementation of the CRPD. In Northern Ireland, the Department for Communities is the lead Department within the NI Executive on disability policy and, therefore CRPD compliance. ECNI and NIHRC are members of the Department for Communities Disability Strategy Co-Design Group
• Liaising with National Mechanisms for Reporting and Follow-Up on matters relating to the implementation of the CRPD: There is no formal National Mechanism for Reporting and Follow-Up on matters relating to the CRPD (or other treaties) in the United Kingdom of Great Britain and Northern Ireland. However, as stated above, the Commissions that comprise UKIM have collectively and individually liaised with the lead departments within the United Kingdom of Great Britain and Northern Ireland and devolved Governments relating to the implementation of the CRPD through correspondence and meetings.

The IMM’s membership is composed of persons with disabilities and representatives of organisations of persons with disabilities. The United Kingdom of Great Britain and Northern Ireland Independent Mechanism (UKIM) is made up of four Commissions: the Equality Commission for Northern Ireland (ECNI), the Equality and Human Rights Commission (EHRC), the Northern Ireland Human Rights Commission (NIHRC) and the Scottish Human Rights Commission (SHRC). Each member of UKIM engages and consults with disabled people or representatives of disabled people’s organisations (DPOs) to varying degrees. The EHRC has a Disability Advisory Committee, which provides advice and guidance to inform the Commission’s work promoting and protecting disability rights. The Scottish Human Rights Commission supports and benefits from contributions from the Lived Experience Leadership Group, being a group of people from across Scotland who have lived experience of a range of human rights matters, especially in relation to economic, social, and cultural rights. Officers of the Independent Mechanism for Northern Ireland (IMNI) are supported by the IMNI Disability Forum. The IMNI Disability Forum involves disabled people and their representative organisations to further assist both ECNI and NIHRC to deliver their joint role as IMNI to promote, protect and monitor implementation of CRPD in Northern Ireland. The Forum also informs wider engagement to assist and advise the government to give effect to the CRPD in Northern Ireland.

The monitoring activities in which persons with disabilities or their representatives’ organizations have been involved include:

• Monitoring of public policies and legislation concerning persons with disabilities
• Monitoring the situation of persons with disabilities in institutions such as residential care centres and other places of institutionalization

The persons with disabilities attend the decision-making process of the Independent Monitoring Mechanism; they have a voice and have the right to vote. Persons with disabilities also attend the decision-making process of the Independent Monitoring Mechanism - they have a voice throughout the deliberations. The United Kingdom of Great Britain and Northern Ireland Independent Mechanism (UKIM) is made up of four Commissions: The Equality Commission for Northern Ireland (ECNI), the Equality and Human Rights Commission (EHRC), the Northern Ireland Human Rights Commission (NIHRC) and the Scottish Human Rights Commission (SHRC). The EHRC has a Disability Advisory Committee, which provides advice and guidance to inform the Commission’s work promoting and protecting disability rights. The Scottish Human Rights Commission receives guidance from the Lived Experience Leadership Group, being a group of people from across Scotland who have lived experience of a range of human rights concerns, including disability discrimination. The Independent Mechanism for Northern Ireland (ECNI and NIHRC) has established a Disability Forum that involves disabled people and their representative organisations in assisting and advising IMNI to deliver its role to promote, protect, and monitor the implementation of the Convention in Northern Ireland.

Persons with disabilities as designated experts on disability are invited and/or hired to support specific programmes in the Independent Monitoring Mechanism. IMNI has contracted disabled persons Organisations to deliver disability equality training to Commissioners and staff. ECNI has commissioned disabled people and their organisations to carry out periodic independent research into CRPD compliance in Northern Ireland. Furthermore, persons with disabilities monitoring their rights may submit findings or allegations of human rights violations to the Independent Monitoring Mechanism. Disabled people’s organisations share evidence, insight and analysis with the individual Commissions that comprise UKIM. ECNI has commissioned disabled persons and their organisations to carry out periodic independent research into CRPD compliance in Northern Ireland. In addition, persons with disabilities identifying themselves as self-advocates are invited to join specific monitoring activities by the Independent Monitoring Mechanism.

The EHRC has funded three civil society projects in England, Scotland and Wales, which are being led by DPOs. These projects include consultation and capacity-building training with civil society stakeholders, including DPOs, and the development of independent shadow reports to be submitted to the UNCRPD Committee co-signed by a coalition of civil society organisations and DPOs from across England, Scotland and Wales. The Independent Mechanism for Northern Ireland (ECNI and NIHRC) has established a Disability Forum that involves persons with disabilities and their representative organisations in assisting and advising IMNI to deliver its role to promote, protect and monitor the implementation of the Convention in Northern Ireland. The Terms of Reference for the Forum specify that the majority of members should be disabled people and that the Chair must be a DPO representative.

Note: If you wish to rectify or provide more information regarding your IMM, please contact ohchr-CRPDIMM@un.org