Some of the human rights issues common to the
three Realm nations include the rights of women,
the rights of children, and the rights of persons
with disabilities. In its 2018 response to the periodic
reports of the Cook Islands, the Committee on
the Elimination of Discrimination against Women,
highlighted concerns about stereotyping and
discrimination in society, work and education and
violence against women.18 In its 2020 response to
the periodic reports of the Cook Islands, the UN
Committee on the Rights of the Child highlighted
a range of concerns about the access that Cook
Islands’ children had to education and health
services. It raised concerns about the abilities that
children had to participate in family and community
decision making due to prevailing attitudes which
hindered the views of the child.19 In its 2015
concluding observations on the initial report of
the Cook Islands, the UN Committee on the Rights
of Persons with Disabilities raised concerns about
accessibility of public buildings and transportation
for persons with disabilities, the lack of measures
to support children with disabilities to allow for
inclusive education, access to justice, and negative
stereotypes of persons with disabilities in the
media.20
In Niue, the UN Committee on the Rights of the
Child noted several concerns in its 2013 concluding
observations on the initial report of Niue.21 This
included the fact the minimum age for labour had
not been established and that there was no legal
18
19
20
21
22
23
24
protection for working children, and no mechanism
had been put in place to monitor the working
conditions and overall situation of working children.
While the Committee welcomed Niue’s measures to
relocate children with disabilities to Aotearoa New
Zealand for off-island care, it raised concerns about
the lack of professionals trained to support children
with disabilities, the lack of sufficient means for early
detection of children with disabilities. It also noted
that the statistics and information provided by Niue
were inconsistent with regard to the situation of
children with disabilities. UN Women have also noted
from their own engagements that violence against
women is believed to be widespread in Niue, but
there is little data collection.22
In Tokelau, an absence of data has also been raised
as an issue by the UN. Both UN Women23 and
UNICEF24 note an absence of data, but from their
engagements certain observations could still be
made. The agencies noted strong community-led
culture and social behaviours in Tokelau both enable
and create barriers. For instance, they noted that
communities were engaged in child protection, with
social norms tending towards supporting all children
within a community, with community networking
protecting children from food poverty. At the same
time, some norms were accepting of violence against
women and children, dissuading any formal justice
processes.
Committee on the Elimination of Discrimination against Women, Concluding observations on the combined second
and third periodic reports of the Cook Islands, adopted by the Committee at its seventieth session (2–20 July 2018),
CEDAW/C/COK/CO/2-3.
Committee on the Rights of the Child, Concluding observations on the combined second to fifth periodic reports of the
Cook Islands, adopted by the Committee at its eighty-fourth extraordinary session (2–6 March 2020) CRC/C/COK/CO/2-5.
on the Rights of Persons with Disabilities, Concluding observations on the initial report of the Cook Islands, adopted by
the Committee at its thirteenth session (25 March–17 April 2015) CRPD/C/COK/CO/1.
Committee on the Rights of the Child, Concluding observations on the initial report of Niue, adopted by the
Committee at its sixty-second session (14 January–1 February 2013) CRC/C/NIU/CO/1.
UN Women, Asia and the Pacific, Niue, https://asiapacific.unwomen.org/en/countries/fiji/co/niue.
UN Women, Asia and the Pacific, Tokelau https://asiapacific.unwomen.org/en/countries/fiji/co/tokelau.
https://www.unicef.org/pacificislands/media/1236/file/Situation-Analysis-of-Children-Tokelau.pdf.
9