MECHANISM FOR THE PROTECTION OF THE RIGHTS OF PERSONS WITH DISABILITIES
The Mechanism for the Protection of the Rights of Persons with Disabilities (PWD) was set up in line with Law 76-15 on CNDH's reorganization within the framework of enhancing its protective mandate in the field of human rights.
Hosted by CNDH, the mechanisms aims mainly to protect the rights of PWD from violations. It is easily accessible and inclusive for all groups of PWD without discrimination.
This mechanism is in charge of:
Receiving complaints directly from PWD who are victims of rights violations, either from the individuals themselves, their representatives or third parties;
Conducting investigations into received complaints, which involves studying, addressing and making decisions on each case;
Organizing hearings where the parties involved in a violation or complaint, as well as witnesses, experts and any other person whose testimony is deemed useful, may be invited.
Additionally, the mechanism may automatically address cases of violations of the rights of PWD that are brought to its notice, contingent upon informing the concerned person and obtaining their consent for the mechanism‘s intervention.
In case of an actual violation of one of the rights of PWD resulting in significant harm, the provision of the last paragraph of Article 18 of Law 76-15 shall apply.
The mechanism also promotes the rights stipulated in the Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol and monitors their implementation.
Coordinator and Members
Library
FAQ
Pursuant to Law No. 76-15 on its reorganization, CNDH hosted three mechanisms within its structure to reinforce its protective mandate. These include the National Mechanism for the Protection of the Rights of Persons with Disabilities, the National Preventive Mechanism against Torture (NPM) and the National Redress Mechanism for Children.
In accordance with Article 19 of Law 76-15 on CNDH’s reorganization, and considering the competencies conferred to the relevant authorities, the National Mechanism for the Protection of the Rights of Persons with Disabilities is entrusted with the following responsibilities:
- Receiving complaints directly from PWD or on their behalf when any of their rights is violated;
- Conducting investigations into received complaints, which involves studying, addressing and making decisions on each case;
- Holding hearings involving relevant parties associated with the violation or complaint, including witnesses, experts and individuals deemed beneficial to the process;
- Addressing cases of rights violations concerning PWD that come to the mechanism's attention, ensuring the concerned individual is informed and does not object to the mechanism's intervention;
- In the event of a breach or actual violation of one of the rights of a person with disability, resulting in significant harm to the affected party, the provisions outlined in the last paragraph of Article 18 of Law 76-15 shall be applicable;
- The mechanism is also in charge of promoting the rights outlined in the Convention on the Rights of Persons with Disabilities (CRPD) and its Optional Protocol, and following up on their implementation.
- Promoting the rights outlined in the CRPD and its Optional Protocol;
- Monitoring the integration of the CRPD into national public policies and sectoral programs;
- Preparing an annual report on the situation of the rights of PWD based on quantitative and qualitative indicators and formulating recommendations to be submitted to CNDH’s Chairperson (Article 20);
- Facilitating cooperation and partnership with both national and international administrations and entities (Article 20).
Under the supervision of CNDH’s Chairperson, the mechanism is in charge of:
- Developing parallel reports and oral statements on the situation of the rights of persons with disabilities upon the examination of Morocco’s periodic reports before the Committee on the Rights of Persons with Disabilities of the Human Rights Council, as well as the Universal Periodic Review;
- Supporting CNDH in receiving the UN Rapporteur on the rights of PWD.
The mechanism aligns with international human rights standards by:
- Respecting the Paris Principles relating to the status of NHRIs;
- Ensuring that its scope of interests and activities covers all types of disabilities;
- Adopting a broad consultation approach in establishing and operating the mechanism;
- Guaranteeing protection against discrimination and equal opportunities for all persons with disabilities, irrespective of disability level;
- Raising awareness among PWD about the arbitration system and providing increased legal assistance;
- Promoting the participation of children with disabilities at all levels, prioritizing their best interests.
Contact
Conseil National des Droits de l'Homme 22, Rue Riyad,
Quartier Riyad, BP 21527, Rabat - Maroc
Tel : 05.37.54.00.00
Fax : 05.37.54.00.01
Email : cndh@cndh.org.ma