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Communications before the Committee on the Rights of Persons with Disabilities

المصدر: مجلة الدراسات القانونية والاقتصادية
الناشر: جامعة مدينة السادات - كلية الحقوق
المؤلف الرئيسي: Abd El-Karim, Mohga Mohamed (Author)
المجلد/العدد: مج9, ع3
محكمة: نعم
الدولة: مصر
التاريخ الميلادي: 2023
الشهر: سبتمبر
الصفحات: 1085 - 1141
ISSN: 2356-9492
رقم MD: 1513818
نوع المحتوى: بحوث ومقالات
اللغة: الإنجليزية
قواعد المعلومات: EcoLink, IslamicInfo
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المستخلص: For decades, the United Nations has worked to protect the rights of persons with disabilities, thanks to its unremitting efforts; where the Convention on the Rights of Persons with Disabilities was concluded in 2006. The Convention guarantees many rights of this vulnerable group. The main purpose of concluding the Convention is to promote, protect and ensure that all persons with disabilities fully and equally enjoy all human rights and fundamental freedoms, and promote respect for their dignity. The Convention provides for the establishment of a Committee on the Rights of Persons with Disabilities, to which individuals can submit communications against countries that have violated their rights under the provisions of the Convention as a guarantee to ensure respect for their rights. The Optional Protocol to the Convention and the Committee’s rules of procedure has established certain mechanisms for considering communications before the Committee. There are certain conditions for accepting communications before the Committee, including those relating to the author of the communication, and others conditions relating to the State against which the communication is directed, some conditions relate to the communication itself. In addition, there is a specific mechanism for dealing with communications before the Committee, such as the procedures for examining the communications, the committee’s decisions related to the subject of communications, and follow up on implementing the committee's decisions. The committee’s decisions are final and not subject to appeal, they are non-binding recommendations to states, but they enjoy great moral and political value among states. States rarely refrain from implementing the committee’s decisions. This is due to the states concern for their International Reputation in the field of Human Rights. It is noted that there is no specific period for the state to complete the implementation of the recommendations of the committee, but within six months of the Committee's transmittal of its views on a communication, the state party concerned shall submit to the Committee a written response, including any information on any action taken in the light of the views and recommendation of the Committee. The committee may include in its report submitted periodically every two years to the General Assembly of the United Nations regarding information related to the follow-up activities of countries, a complaint against the state that does not comply with its decision. The Assembly, in turn, has the right to issue decisions requiring the state to implement the decisions of the committee.

ISSN: 2356-9492

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