Human Rights and Te Tiriti o Waitangi: COVID-19 and Alert Level 4 in Aotearoa New Zealand
Family violence - Whakarekereke ā-whare
Everyone has the human right to be free from violence
and abuse. Violence against people diminishes their
enjoyment of other fundamental rights and freedoms.
The COVID-19 pandemic has created an environment
heightening the risk and occurrence of violence
against women, children, and other vulnerable people.
Economic insecurity, job losses, overcrowding, loss of
routine, lack of access to usual supports, and povertyrelated stress all contribute to volatile situations.
The current situation risks further exacerbating
harms experienced by Mäori whanau who are overrepresented in violence statistics.
Police and social services have reported increased
family violence since the beginning of Level 4. The
lockdown significantly impacts victims’ ability to
escape abusive partners or call for help. For abusers, it
restricted their physical contact with others who may
have been able to help calm situations and mitigate
harmful behaviour.
Disabled people face twice the risk of experiencing
violence compared with non-disabled people. With
reduced access to supports such as respite, creating
conditions of stress, the risks of violence and neglect
increase. Wrap-around services that respond to the
needs of disabled people are critically needed in the
COVID-19 response.
Rainbow people in households where their identities
are not affirmed or tolerated face the risk of violence.
Emergency housing providers and refuges may lack
gender-diversity policies or options for transgender
people and men.
The allocation of an extra $12 million in funding for
additional refuge accommodation and other support
services is commendable. In Level 3, funding and
support for those at risk of violence will need to
increase. Funding must be directed to inclusive and
accessible services, both prevention and response.
These initiatives should reflect Tiriti partnership,
support Mäori-led approaches and advance equitable
outcomes.
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Police must be given clear direction to respond
appropriately to family violence incidents in Level 3. Low
numbers of family violence arrests suggest Police may
not be arresting people when necessary. This may be due
to COVID-19 social distancing guidance which prevents
candid disclosure of violence. It may be because police
capacity is directed to other COVID-19 priorities.
Older people
The impact of COVID-19, and the emergency
response to contain it, has been especially acute
for older people. Not only do older people face
a disproportionate risk of death as a result of the
pandemic, many also live in high-risk environments
such as aged care facilities. Of the 19 deaths to date,
all have occurred in the 60-70+ age group with five of
the 16 significant clusters occurring in residential aged
care facilities.
Alert Level 4 lockdown measures to protect the
right to health protection and health care created
additional challenges for many older people. These
included: a shortage of caregivers and a reduction in
home care services; a lack of access to respite care;
the suspension of social and community support
programmes; and an inability to access critical COVIDrelated information when it was provided only in
digital form. Older people are at risk when their daily
lives and support systems are disrupted. Numerous
human rights are implicated, including the rights to
health care, food, an adequate standard of living, and
accessible information.
Access to secure payment methods to purchase food
during Level 4 lockdown has been a considerable
barrier. Many people are not set up for internet
banking and do not have debit or visa cards. The
banking industry and other businesses have a
responsibility to have preparedness plans in place to
ensure their customers are equipped to meet their
basic needs during a national emergency.
A successful response to the COVID-19 pandemic
requires the government to take all effective and
reasonable measures to ensure the rights of older
people are protected and that, as far as possible,
older people are empowered to take care of their own
affairs and wellbeing.