Optional Protocol to the Convention on the Rights of Persons with Disabilities
Adopted and opened for signature and ratification
by General Assembly resolution 61/106 of 13 December 2006
entry into force 3 May 2008
The States Parties to the present Protocol have agreed as follows:
1. A State Party to the present Protocol (“State Party”) recognizes
the competence of the Committee on the Rights of Persons with Disabilities
(“the Committee”) to receive and consider communications from
or on behalf of individuals or groups of individuals subject to its jurisdiction
who claim to be victims of a violation by that State Party of the provisions
of the Convention.
2. No communication shall be received by the Committee if it concerns a State
Party to the Convention that is not a party to the present Protocol.
The Committee shall consider a communication inadmissible when:
(a) The communication is anonymous;
(b) The communication constitutes an abuse of the right of submission of
such communications or is incompatible with the provisions of the Convention;
(c) The same matter has already been examined by the Committee or has been
or is being examined under another procedure of international investigation
(d) All available domestic remedies have not been exhausted. This shall not
be the rule where the application of the remedies is unreasonably prolonged
or unlikely to bring effective relief;
(e) It is manifestly ill-founded or not sufficiently substantiated; or when
(f) The facts that are the subject of the communication occurred prior to
the entry into force of the present Protocol for the State Party concerned
unless those facts continued after that date.
Subject to the provisions of article 2 of the present Protocol, the Committee
shall bring any communications submitted to it confidentially to the attention
of the State Party. Within six months, the receiving State shall submit to
the Committee written explanations or statements clarifying the matter and
the remedy, if any, that may have been taken by that State.
1. At any time after the receipt of a communication and before a determination
on the merits has been reached, the Committee may transmit to the State Party
concerned for its urgent consideration a request that the State Party take
such interim measures as may be necessary to avoid possible irreparable damage
to the victim or victims of the alleged violation.
2. Where the Committee exercises its discretion under paragraph 1 of this
article, this does not imply a determination on admissibility or on the merits
of the communication.
The Committee shall hold closed meetings when examining communications under
the present Protocol. After examining a communication, the Committee shall
forward its suggestions and recommendations, if any, to the State Party concerned
and to the petitioner.
1. If the Committee receives reliable information indicating grave or systematic
violations by a State Party of rights set forth in the Convention, the Committee
shall invite that State Party to cooperate in the examination of the information
and to this end submit observations with regard to the information concerned.
2. Taking into account any observations that may have been submitted by the
State Party concerned as well as any other reliable information available
to it, the Committee may designate one or more of its members to conduct an
inquiry and to report urgently to the Committee. Where warranted and with
the consent of the State Party, the inquiry may include a visit to its territory.
3. After examining the findings of such an inquiry, the Committee shall transmit
these findings to the State Party concerned together with any comments and
4. The State Party concerned shall, within six months of receiving the findings,
comments and recommendations transmitted by the Committee, submit its observations
to the Committee.
5. Such an inquiry shall be conducted confidentially and the cooperation
of the State Party shall be sought at all stages of the proceedings.
1. The Committee may invite the State Party concerned to include in its report
under article 35 of the Convention details of any measures taken in response
to an inquiry conducted under article 6 of the present Protocol.
2. The Committee may, if necessary, after the end of the period of six months
referred to in article 6, paragraph 4, invite the State Party concerned to
inform it of the measures taken in response to such an inquiry.
Each State Party may, at the time of signature or ratification of the present
Protocol or accession thereto, declare that it does not recognize the competence
of the Committee provided for in articles 6 and 7.
The Secretary-General of the United Nations shall be the depositary of the
The present Protocol shall be open for signature by signatory States and
regional integration organizations of the Convention at United Nations Headquarters
in New York as of 30 March 2007.
The present Protocol shall be subject to ratification by signatory States
of the present Protocol which have ratified or acceded to the Convention.
It shall be subject to formal confirmation by signatory regional integration
organizations of the present Protocol which have formally confirmed or acceded
to the Convention. It shall be open for accession by any State or regional
integration organization which has ratified, formally confirmed or acceded
to the Convention and which has not signed the Protocol.
1. Regional integration organization” shall mean an organization constituted
by sovereign States of a given region, to which its member States have transferred
competence in respect of matters governed by the Convention and the present
Protocol. Such organizations shall declare, in their instruments of formal
confirmation or accession, the extent of their competence with respect to
matters governed by the Convention and the present Protocol. Subsequently,
they shall inform the depositary of any substantial modification in the extent
of their competence.
2. References to “States Parties” in the present Protocol shall
apply to such organizations within the limits of their competence.
3. For the purposes of article 13, paragraph 1, and article 15, paragraph
2, of the present Protocol, any instrument deposited by a regional integration
organization shall not be counted.
4. Regional integration organizations, in matters within their competence,
may exercise their right to vote in the meeting of States Parties, with a
number of votes equal to the number of their member States that are Parties
to the present Protocol. Such an organization shall not exercise its right
to vote if any of its member States exercises its right, and vice versa.
1. Subject to the entry into force of the Convention, the present Protocol
shall enter into force on the thirtieth day after the deposit of the tenth
instrument of ratification or accession.
2. For each State or regional integration organization ratifying, formally
confirming or acceding to the present Protocol after the deposit of the tenth
such instrument, the Protocol shall enter into force on the thirtieth day
after the deposit of its own such instrument.
1. Reservations incompatible with the object and purpose of the present Protocol
shall not be permitted.
2. Reservations may be withdrawn at any time.
1. Any State Party may propose an amendment to the present Protocol and submit
it to the Secretary-General of the United Nations. The Secretary-General shall
communicate any proposed amendments to States Parties, with a request to be
notified whether they favour a meeting of States Parties for the purpose of
considering and deciding upon the proposals. In the event that, within four
months from the date of such communication, at least one third of the States
Parties favour such a meeting, the Secretary-General shall convene the meeting
under the auspices of the United Nations. Any amendment adopted by a majority
of two thirds of the States Parties present and voting shall be submitted
by the Secretary-General to the General Assembly of the United Nations for
approval and thereafter to all States Parties for acceptance.
2. An amendment adopted and approved in accordance with paragraph 1 of this
article shall enter into force on the thirtieth day after the number of instruments
of acceptance deposited reaches two thirds of the number of States Parties
at the date of adoption of the amendment. Thereafter, the amendment shall
enter into force for any State Party on the thirtieth day following the deposit
of its own instrument of acceptance. An amendment shall be binding only on
those States Parties which have accepted it.
A State Party may denounce the present Protocol by written notification to
the Secretary-General of the United Nations. The denunciation shall become
effective one year after the date of receipt of the notification by the Secretary-General.
The text of the present Protocol shall be made available in accessible formats.
The Arabic, Chinese, English, French, Russian and Spanish texts of the present
Protocol shall be equally authentic.