Standards Testing Berlin

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Standards Testing Berlin

Since October 2012, the Federal State of Berlin has tasked the National CRPD Monitoring Mechanism with accompanying the implementation of the UN Convention on the Rights of Persons with Disabilities in Berlin as a part of the project "Monitoring-Stelle Berlin", which is funded by a grant.

The project involves standards testing conducted by the National CRPD Monitoring Mechanism to determine where a need for legal change exists. This means examining selected areas of law in the Federal State of Berlin to ascertain if existing legislation must be adapted or improved in order to assure compliance with the UN Convention on the Rights of Persons with Disabilities. The methodical framework for standards testing was established in 2013 and twelve fields of law in Berlin state legislation were subjected to examination.

Project description "Standards Testing Berlin" in easy German language

Project description "Standards Testing Berlin" in easy German language (PDF, 1 MB, not barrier free)


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Project phase 2018

In the seventh project phase the project "Monitoring-Stelle Berlin" will advise the Senate in 2018 on developing a cross-departmental concept for the implementation of the Disability Policy Guidelines and will monitor the implementation of these guidelines independently.
Furthermore, the Monitoring Mechanism will advise the Land of Berlin on the elaboration of the "Omnibus Act on the Implementation of the UN Convention on the Rights of Persons with Disabilities" and in this connection will work towards implementing the results from the standards testing. A key element is the formal legislative procedure to amend the Act on Equal Rights (Landesgleichberechtigungsgesetz (LGBG)) which is being followed by the Monitoring Mechanism.


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Project phase 2017

In 2017 the Monitoring Mechanism concentrated on the subject of "Independent Mobility", focusing especially on the aspects "Accessibility Requirements" and the right to mobility (Articles 9 and 20 CRPD). The report "Out and about autonomously in Berlin? Mobility of persons with disabilities from the human rights perspective" (German only); was published in 2018.

Furthermore, the Monitoring Mechanism also continued its consultancy work in 2017 on the draft of an omnibus act to implement the UN Convention on the Rights of Persons with Disabilities in the Land of Berlin. This included the Monitoring Mechanism organising a specialist conference where a draft of the amended Act on Equal Rights was presented and assessed critically with regard to the obligations deriving from the CRPD.


Project Phase 2016

 In 2016 the National CRPD Monitoring Mechanism compiled the report "Living independently and being included in the community: an unfulfilled obligation of the UN Convention on the Rights of Persons with Disabilities in Berlin?" (German only). The subject of the report was the implementation of the right to live independently and being included in the community (Article 19 CRPD) in Berlin under the aspect of "Living independently".

In addition, in 2016 the Monitoring Mechanism compiled an experts’ study on building legislation in Berlin in a Federal state comparison and elaborated a concept for the review and expansion of advanced training for employees in public administration in Berlin.

The Monitoring Mechanism also continued its consultancy work this year on the draft of an omnibus act to implement the UN Convention on the Rights of Persons with Disabilities in the Land of Berlin.


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Project Phase 2015

The National CRPD Monitoring Mechanism continued to monitor and support implementation again in 2015. This year advising on the drafting of an omnibus bill and a study on the implementation of disability policy guidelines took centre stage.

The Berlin Senate Department for Health and Social Services drew up a draft omnibus bill, based on the results of view of legal provisions (standards testing) performed by the National CRPD Monitoring Mechanism. This bill is intended to further the implementation of the UN Convention on the Rights of Persons with Disabilities in the Land of Berlin. One key element of the omnibus bill is the amendment of the Land's equal opportunities statute.

The National CRPD Monitoring Mechanism also evaluated the implementation of Berlin's disability policy guidelines in 2015. Its study focussed on structures involved in implementation, including processes of participation, the level of awareness in the Berlin administration and the thematic field "Employment and occupational orientation".

"The ten disability policy guidelines: What progress has Berlin made towards implementation of the UN Convention on the Rights of Persons with Disabilities?" (in German only) 

Press release (16 Sep. 2016): Berlin parliamentary election of 18 Sep. 18.09. – Berlin policymakers must push forward with inclusion of persons with disabilities (in German only)


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Project Phase 2014

The National CRPD Monitoring Mechanism continues to accompany compliance implementation. It conducts discussions with the Berlin Senate departments responsible for the legal areas under examination. During this process, all changes deemed necessary by the National CRPD Monitoring Mechanism are introduced and discussed individually. The submissions for these deliberations are published as discussion papers. Furthermore, standards testing will be expanded to include further regulations in 2014.

Discussion Papers

State Equal Rights Law

Discussion Paper: Results of Standards Testing for State Equal Rights Law in the Context of the "Expert Opinion for Implementing the UN Convention on the Rights of Persons with Disabilities in Berlin" (in German only)

Follow-up Report "Fifteen Years of the Berlin Equal Rights Law – A Need for Legislative Action to Implement the UN Convention on the Rights of Persons with Disabilities in Berlin" (in German only)

Presentation on the Results of Equal Rights Law Standards Testing (in German only; PDF, 412 KB, not barrier free)

Electoral Law and election procedure

Discussion Paper: Results of Standard Testing for Electoral Law and Election Procedure (in German only)

Statements

Building Regulations

In a hearing conducted by the Berlin Senate Department for Urban Development and the Environment on the third law amending Berlin building regulations, the National CRPD Monitoring Mechanism not only participated in the consultation process itself, but also submitted the following written statements in which it clearly states that the draft amendments to Berlin’s building regulations of 14 July 2014 are in no way suitable when it comes to either implementing the binding requirements set forth in the UN Convention on the Rights of Persons with Disabilities or improving the legal basis for achieving architectural accessibility in Berlin. Additionally, specific improvements to the wording were suggested which would ensure compliance with the UN Convention on the Rights of Persons with Disabilities.

Written Statement of the National CRPD Monitoring Mechanism on the Draft Law to Modify Berlin Building Regulations (3rd Draft Amendment of 14 July 2014 to the Berlin Building Regulations), October 2014 (in German only; PDF, 124 KB, not barrier free)

Material on Berlin building regulations, including draft changes, can be found on the website of the Senate Department for Urban Development and the Environment (in German only)


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Project Phase 2013

In 2013 the National CRPD Monitoring Mechanism conducted standards testing of twelve regulatory areas in Berlin state law and published an outline entitled “Expert Opinion Aimed at Implementing the UN Convention on the Rights of Persons with Disabilities in Berlin”. Firstly, the standards testing examined the compatibility of legal norms – in the form of what is known as an abstract judicial review – in terms of compliance with the convention. Secondly, at a legislative level, the state’s obligation to implement the convention was a key aspect of the examination. In each of the twelve areas of regulation under review, the National CRPD Monitoring Mechanism established the need for legislative change.

Expert Opinion for the Draft Law Aimed at Implementing the UN Convention on the Rights of Persons with Disabilities in Berlin – Overview of Standards Testing: Basis, Methods, Extracts (in German only)

The National CRPD Monitoring Mechanism Presented an Expert Opinion to the Berlin House of Representatives on Implementing the UN Convention on the Rights of Persons with Disabilities in Berlin (in German only)


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Project Phase 2012

In 2012 the National CRPD Monitoring Mechanism first compiled an appraisal of the extent to which the UN Convention on the Rights of Persons with Disabilities had been implemented with respect to law, structures and levels of awareness. For this purpose, information was collected from people with disabilities, associations representing their interests as well as the state and district commissioners for people with disabilities. The results were published in the form of a comprehensive catalogue of recommendations that was presented to and discussed at the conference of permanent secretaries for Berlin’s Senate departments in early 2013.

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Portrait Catharina Hübner

Catharina Hübner, LL.M.
Policy Adviser
Phone: 030 25 93 59 - 413
e-mail: huebner(at)institut-fuer-menschenrechte.de

Jakob Krusche
Policy Adviser
Phone: 030 259 359 - 442
e-mail: krusche(at)institut-fuer-menschenrechte.de