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United Nations
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Translation from an international convention, standard or norm to national law and then to local implementation is slow and complex but of primary importance. States are the major instrument in transforming certain legislative, administrative and judicial practices, which empower persons with disabilities to vindicate their rights. States that have become Parties to an international convention are legally bound to implement the provisions contained in the convention in their domestic jurisdiction. International law leaves it to States to adopt such legislative and other measures, consistent with their constitutional processes, to give effect to the obligations which they undertake to implement and ensure that any person whose rights or freedoms are violated have an effective remedy justifiable before independent and impartial tribunals.
Three main methods are available to implement international legal instruments in domestic law:
The course of the legislative process will differ according to the relevant domestic legal systems. For instance, incorporation of international human rights principles and norms in national constitutions - or similar documents - remains the most important way of bringing national laws in conformity with international standards.
Direct application of international law by domestic courts can also play an important role in implementing international human rights norms applicable to persons with disabilities by means of compliance with relevant international standards and citing precedents in other jurisdictions. Due process of law has to be followed in matters of disability legislation.
Furthermore, judicial initiatives may propel executive and legislative branches of Governments to act with regard to drafting, enforcing and evaluating disability legislation.
Domestic courts can play a major role in interpreting and developing international standards and norms. As much as national courts can serve as an effective mechanism for the protection and extension of the rights of citizens, courts can play a major role in applying international standards in domestic issues of disability. Courts also may bring matters to legislative attention and encourage various interest groups to take up action on certain issues. The greater the extent to which international norms on disability are widely known, the greater the possibility of domestic courts complying with these norms. National courts could become a forum for the promotion and protection of international human rights of persons with disabilities. National courts could also contribute to the establishment of an agenda for the creation of national legislation in harmony with all other pertinent international norms and mobilize governmental and non-governmental action in support of equal opportunities for persons with disabilities.
Even if adoption of national legislation does not always ensure that individuals have recourse against violations of rights contained in international human rights instruments, the general character of treaty provisions makes it advisable for these instruments to be implemented by specific detailed provisions in domestic law.
