Usklađivanje Nacionalnog Zakonodavstva s Konvencijom o Pravima Osoba s Invaliditetom - Harmonisation of National Legislation with the UN CRPD

Editorial information: Sveučilište u Zagrebu Edukacijsko-rehabilitacijski fakultet (  Faculty of Education and Rehabilitation, University of Zagreb ). ISBN 978-953-8321-08-5. 

The UN Convention on the Rights of Persons with Disabilities (CRPD/Convention) is the first binding international human rights instrument related to disability. As stated in the Law on the ratification of the Convention on the Rights of Persons with Disabilities and the Optional Protocol to the Convention on the Rights of Persons with Disabilities (Official Gazette 6/2007, Article 1) its purpose is to "promote, protection and ensuring the full and equal enjoyment of all human rights and fundamental freedoms of all persons with disabilities and promoting respect for their inherent dignity".

The Convention is a powerful tool to help people with disabilities, local communities and governments in finding ways to realize the rights of persons with disabilities through development and implementation of legal, political and practical measures.

In order to ensure that these efforts are in accordance with the requirements of the Convention and that they are successful and effectively implemented, in accordance with Article 33, paragraph 2 of the UN Convention on the Rights of Persons with Disabilities (CRPD) states signatories to the Convention are required to establish a framework for the promotion, protection and monitoring the implementation of the CRPD.

In March 2007, the United Nations Convention on Rights was opened for signature person with disability. The Republic of Croatia was among the first countries in the world to sign the Convention. The Croatian Parliament ratified the Convention shortly after its signing June 1, 2007. With this, the Croatian Parliament, as the highest legislative body, expressed its opinion determination, that is, the determination of the entire Croatian society and its institutions for a full realisation of all basic human rights of persons with disabilities in the Republic of Croatia.

Each state party or signatory to the Convention submits to the UN Committee on the Rights of Persons with Disabilities a comprehensive report, through the Secretary General of the United Nations, on the measures taken to fulfill the obligations assumed by the Convention. UN Committee after consideration individual report of the party state makes observations and recommendations in which direction and in which areas it is necessary to undertake further efforts and activities for the purpose of harmonizing the legislative and of the institutional framework by which the party states ensure the rights of persons with disabilities. Independently on the aforementioned reports, the Office of the Ombudsperson for the Disabled also submits separate and parallel reports on the implementation of the Convention to the Government of the Republic of Croatia, the latest in February 2020 (POSI, 2020), in the drafting of which they participate representatives of SOIH, the academic community (and from ERF) and independent institutions (other ombudsmen).

More comprehensive research on the application of the Convention and its implementation in everyday life.  A group of authors (Mihanović, Bratković and Masnjak, 2012; Mihanović, 2018; Bratković, Mihanović and Lisak, 2018) have used a qualitative approach to analyse the application of Article 19 (Independent living and involvement in the community) from the perspective of the persons with intellectual disabilities, their parents/legal representatives and experts who they provide support.

This research used the complete Convention and its Conclusions as the main starting point remarks on the Initial Report of Croatia (from April 17, 2015) adopted at the 13th session Committee for the Rights of Persons with Disabilities. Through a qualitative analysis of the legislative and institutional framework, the conformity of the Convention and the current regulations of the Republic of Croatia was determined. The results of the analysis of use will be used as a basis for assessing the application of the legal framework at the level of institutions and service providers, who work in the field of supporting children with developmental disabilities and people with disabilities using qualitative research methods.

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