Human rights framework 23. Human rights are basic rights and freedoms to which every person in the world is entitled. These basic rights are based on shared values such as dignity, fairness, equality and respect. They govern how individuals live in society and with each other as well as the State’s relationship to their people and the State’s obligations to those people. Human rights are inherent to all peoples based on our common humanity; they are inalienable in that no one can give up their rights, nor can the government deprive people of their rights. They are also universal in that they apply to everyone without distinction on grounds such as race, religion or migrant status. 24. The New Zealand Bill of Rights 1990 (“NZBORA”) sets out the basic rights that apply to all New Zealanders, regardless of migrant status. There rights include the right to be free from discrimination, the right to freedom of movement, the rights of minorities, and the right to freedom of association. International human rights law 25. Aotearoa New Zealand is a party to seven international human rights treaties, including the International Covenant on Civil and Political Rights (“ICCPR”), which upholds the right to freedom of movement11 and association with others,12 regardless of migrant status or citizenship. These rights are also enshrined in the NZBORA.13 26. Aotearoa New Zealand is also a party to the International Covenant on Economic, Social and Cultural Rights (“ICESCR”), which upholds the right of all people to just and favourable conditions of work (including access to fair wages and safe and healthy working conditions)14, as well as an adequate standard of living15 and the right to health16, without discrimination. 27. Aotearoa New Zealand is also a party to the Convention on the Elimination of Racial Discrimination (“CERD”). General Recommendation Number 30 is particularly relevant to RSE workers as it elaborates on the responsibilities of States parties to protect non-citizens from discrimination. Notably, Art 29 requires States parties to “remove obstacles that prevent the enjoyment of economic, social and cultural rights by non-citizens, notably in the areas of education, housing, employment and health” while Article 35 affirms the rights of all individuals regardless of immigration status to the enjoyment of labour and employment rights, including the freedom of assembly and association, once an employment relationship has been initiated until it is terminated”.17 11 Art 12. 12 Art 22. 13 See ss 17 and 18. See also UN Human Rights Committee (HRC), CCPR General Comment No. 15: The Position of Aliens Under the Covenant, 11 April 1986, available at: https://www.refworld.org/docid/45139acfc.html at [7] which states that all people regardless of migrant status ”have the right to liberty of movement and free choice of residence; they shall be free to leave the country” 14 Article 7(a)(i) and (b) 15 Article 11 16 Article 12 17 UN Committee on the Convention on the Elimination of Racial Discrimination, General Recommendation 30, Discrimination against non-citizens (5 August 2004). 7