Amicus Curiae Statements

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Amicus Curiae Statements

The National CRPD Monitoring Mechanism's Amicus Curiae Statements

The work of the National CRPD Monitoring Mechanism focuses on the level of structural implementation. Within the framework of its protective function, its activities also extend to individual cases in the form of amicus curiae statements submitted to the courts. The National CRPD Monitoring Mechanism only produces such statements when cases of fundamental importance relating to compliance with or the implementation of the UN Convention on the Rights of Persons with Disabilities appear before the court.

An amicus curiae statement or brief involves a submission to a court by an organisation that is not actually a participant in a trial (neither as a party nor in any other function). A statement of this kind is aimed at providing the court with independent information relating to the case at hand. While it contains remarks affecting the basis of the court’s findings and decisions, it does not recommend a particular decision to the court.

Since 2009 the National CRPD Monitoring Mechanism has compiled the following amicus curiae statements:
2013 on the subject of the right to work (German Federal Labour Court) (in German only)

2011 on the subject of the right to equal legal capacity (European Court of Human Rights) (in German only)

2009 on the subject of the right to inclusive education (Darmstadt Administrative Court) (in German only)

Additional information:

Position Paper No. 6: Importance of the UN CRPD in Individual Cases (in German only)

Valentin Aichele: The UN Convention on the Rights of Persons with Disabilities in Judicial Practice (published in the journal Anwaltsblatt 10/2011) (in German only; PDF, 204 KB, not barrier free)

"Courts Have an Important Role to Play in Implementing the UN Convention on the Rights of Persons with Disabilities" – Interview with Peter Masuch and Valentin Aichele (26 September 2013; in German only)

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