Evaluating the Law: A Step-by-Step Approach2017-03-03T18:35:38+00:00

Note: “Law” here refers to law, policy and practice as appropriate.

The Framework uses a step-by-step approach to evaluating a law against the principles. The process is broken down into eight steps. For each step, the Framework provides context, examples and questions to help assess the law in light of the principles.

 

Step 1: How Do the Principles Relate to the Context of the Law?

Identify the context in which the law will operate and its relationship to the principles

 

Step 2: Does the Legislative Development/Review Process Respect the Principles?

Consider whether the process that has been designed for developing or reviewing the law respects the principles

 

Step 3: Does the Purpose of the Law Respect and Fulfill the Principles?

Assess the goals of the law, including the assumptions on which it is based

 

Step 4: Who Does the Law Affect and How Does This Relate to the Principles?

Analyze the way in which the law may affect persons with disabilities and how this may impact on respect for the principles

 

Step 5: Do the Processes Under the Law Respect the Principles?

Consider the procedural aspects of the law, including provisions related to accessibility, information provision and supports for applicants

 

Step 6: Do the Complaint and Enforcement Mechanisms Respect the Principles?

Assess how the law is enforced, whether through proactive measures like audits, or individual complaint mechanisms

 

Step 7: Do the Monitoring and Accountability Mechanisms Respect the Principles?

Does the law contain provisions to ensure transparency, accountability and monitoring of its effectiveness?

 

Step 8: Assessing the Results of the Evaluation: Is the Law True to the Principles?

Based on the results of the previous steps, is the law true to the principles? What more must be done?

 

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