LCP4807
Assignment 1 Semester 1 2025
Unique #:
Due Date: 2 April 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, 2 ESSAYS PROVIDED
A CRITICAL DISCUSSION ON THE ENFORCEMENT MECHANISMS OF THE
CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES (CRPD)
1. INTRODUCTION
The adoption of the Convention on the Rights of Persons with Disabilities (CRPD)
on 13 December 2006 represented a transformative moment in international
human rights law.1 It was not merely an expansion of existing frameworks, but
rather a clear acknowledgement that persons with disabilities are rights-holders
entitled to equality and dignity on an equal basis with others.2 The CRPD came
into force on 3 May 2008, along with its Optional Protocol, which further
strengthens enforcement by providing individuals with a mechanism to bring
complaints against State parties.3 In this essay, the enforcement mechanisms
under the CRPD are critically discussed, including periodic reporting, general
comments and recommendations, individual complaints, and inquiry procedures.
Particular attention is paid to whether the CRPD provides for individual
complaints processes, what these processes entail, and how effective they are in
ensuring compliance with the Convention. The analysis reflects on the strengths,
weaknesses, and overall impact of these mechanisms on the realisation of the
rights of persons with disabilities.
2. UNDERSTANDING THE CRPD AND ITS RATIONALE
2.1 The Background and Purpose of the CRPD
The CRPD arose out of a recognition that persons with disabilities have
historically faced barriers to the full enjoyment of their human rights.4 Despite the
existence of general human rights treaties such as the International Covenant on
1
Convention on the Rights of Persons with Disabilities (CRPD), GA Res 61/106, UN Doc A/RES/61/106
2
Kayess R & French P “Out of Darkness into Light? Introducing the Convention on the Rights of Persons
with Disabilities” (2008) 8 Human Rights Law Review 1 at 2.
3
Optional Protocol to the Convention on the Rights of Persons with Disabilities (OP-CRPD), GA Res 61/106,
UN Doc A/RES/61/106 (13 December 2006) Annex II.
4
Lawson A & Beckett A “The Social and Human Rights Models of Disability: Towards a Complementary
Understanding” (2021) 26 International Journal of Human Rights 88.
Varsity Cube 2024 +27 81 278 3372
Assignment 1 Semester 1 2025
Unique #:
Due Date: 2 April 2025
Detailed solutions, explanations, workings
and references.
+27 81 278 3372
, 2 ESSAYS PROVIDED
A CRITICAL DISCUSSION ON THE ENFORCEMENT MECHANISMS OF THE
CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES (CRPD)
1. INTRODUCTION
The adoption of the Convention on the Rights of Persons with Disabilities (CRPD)
on 13 December 2006 represented a transformative moment in international
human rights law.1 It was not merely an expansion of existing frameworks, but
rather a clear acknowledgement that persons with disabilities are rights-holders
entitled to equality and dignity on an equal basis with others.2 The CRPD came
into force on 3 May 2008, along with its Optional Protocol, which further
strengthens enforcement by providing individuals with a mechanism to bring
complaints against State parties.3 In this essay, the enforcement mechanisms
under the CRPD are critically discussed, including periodic reporting, general
comments and recommendations, individual complaints, and inquiry procedures.
Particular attention is paid to whether the CRPD provides for individual
complaints processes, what these processes entail, and how effective they are in
ensuring compliance with the Convention. The analysis reflects on the strengths,
weaknesses, and overall impact of these mechanisms on the realisation of the
rights of persons with disabilities.
2. UNDERSTANDING THE CRPD AND ITS RATIONALE
2.1 The Background and Purpose of the CRPD
The CRPD arose out of a recognition that persons with disabilities have
historically faced barriers to the full enjoyment of their human rights.4 Despite the
existence of general human rights treaties such as the International Covenant on
1
Convention on the Rights of Persons with Disabilities (CRPD), GA Res 61/106, UN Doc A/RES/61/106
2
Kayess R & French P “Out of Darkness into Light? Introducing the Convention on the Rights of Persons
with Disabilities” (2008) 8 Human Rights Law Review 1 at 2.
3
Optional Protocol to the Convention on the Rights of Persons with Disabilities (OP-CRPD), GA Res 61/106,
UN Doc A/RES/61/106 (13 December 2006) Annex II.
4
Lawson A & Beckett A “The Social and Human Rights Models of Disability: Towards a Complementary
Understanding” (2021) 26 International Journal of Human Rights 88.
Varsity Cube 2024 +27 81 278 3372
