Optional protocol to the UNCRPD

This page explains the Optional Protocol to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). It includes information about what the Optional Protocol is, when New Zealand agreed to it, and how people can make a complaint to the UNCRPD Committee.

About the Optional Protocol

The Optional Protocol is part of the agreement to the UNCRPD. It gives disabled people a way to complain to the United Nations if they believe their rights under the UNCRPD have not been upheld.

New Zealand and the Optional Protocol

New Zealand agreed to the Optional Protocol on 5 October 2016. It came into force on 4 November 2016.

Minister for Disability Issues’ media release about the Optional Protocol external URL

What the Optional Protocol means for disabled people

The Optional Protocol gives disabled people a way to make a complaint to the UNCRPD Committee if they believe their rights under the UNCRPD have not been upheld, and if they have already tried all other available complaints and appeals processes in their country.

The Committee can consider complaints about countries that have agreed to the Optional Protocol, including New Zealand.

When complaints can be made

People should only make a complaint after they have used all available complaints and appeal processes in New Zealand.

There is no time limit for making a complaint, but it is usually best to do so as soon as possible.

The UNCRPD Committee will only accept a complaint if:

the event or issue happened after the country agreed to the Optional Protocol, or
the event or issue happened before the country agreed to the Optional Protocol and continued to happen after the agreement came into force.

How to make a complaint to the UNCRPD Committee

Anyone can make a complaint to the Committee. This includes disabled people, groups of disabled people, and people acting on someone else's behalf with that person's written consent. You do not need a lawyer to make a complaint.

Complaints must be submitted in writing in English, French, Russian or Spanish. Use the official form on the UN website when making a complaint.

Article 2 of the Optional Protocol sets out the rules about complaints that can be brought to the Committee.

Related information

How complaints are handled

If a complaint meets the requirements in Article 2 of the Optional Protocol, the UNCRPD Committee will privately notify the government of the country involved. The government then has 6 months to consider the complaint and provide a written response. The government should explain its view of the complaint and describe any action it has taken, or plans to take, to address it.

Articles 4, 5 and 6 of the Optional Protocol set out additional rules that may apply, depending on the circumstances of the complaint.

After reviewing the complaint, the Committee will provide its findings, comments and recommendations to the government. The government must then review the Committee's findings and respond within 6 months. The response should explain any action it has taken, or plans to take, in response to the complaint.

Legal status of the UNCRPD Committee's recommendations

The Committee’s recommendations are not legally binding. However, they represent the Committee's interpretation of the UNCRPD and countries are expected to consider and respond to them.

The Committee has follow-up procedures to check how countries have responded to its recommendations. By agreeing to the Optional Protocol, countries commit to taking part in this process and considering the Committee’s findings and recommendations.

Previous cases considered by the UNCRPD Committee

Information about pending cases is available on the UNCRPD Committee’s website external URL .