Human rights framework
The New Zealand government is signatory
to a number of human rights covenants and
declarations all of which have a bearing on
addressing violence and abuse. The first
international human rights declaration was the
Universal Declaration of Human Rights (UDHR),
developed in 1948.
Together with the Universal Declaration of
Human Rights (UDHR), the International
Covenant on Economic Social and Cultural
Rights (ICESR) and the International Covenant on
Civil and Political Rights and associated Optional
Protocols (ICCPR) are collectively known as the
International Bill of Human Rights.
The UDHR represents a global consensus
about the fundamental and inalienable rights,
freedoms and protections that each and every
citizen should be entitled to. It was designed
to address abuses of power, especially by a
country against its citizens, that undermine or
violate the full realisation of an individual or
group’s human rights.
The International Bill of Human Rights provides
the framework for the other international
human rights treaties that protect and affirm
ensure the rights of particular population
groups. These include the following, all of
which have been ratified by the New Zealand
Government:
The UNUDHR affirms that “All human beings
are born free and equal in dignity and rights”.27
Central to fulfilling that promise are rights to
equality and non-discrimination.28
Article 3 says that everyone has the right to life,
liberty and security of person. Article 5 says
that no one shall be subjected to torture or
to cruel, inhuman or degrading treatment or
punishment. Article 7 says that everyone has
the right to recognition everywhere as a person
before the law. Collectively, the three articles
define each person’s right to live free from
violence and abuse and to receive equal and fair
treatment by the law when attempting to get
redress for violence that has occurred.
When these rights are violated, and individuals
and/or particular groups of people (such as
disabled people) are harmed, family members
and dependants of a victim can also be
considered to have suffered harm.
The New Zealand government is bound in
international law to protect human rights. This
duty arises from its ratification of international
human rights treaties. These include the:
•
the International Covenant on Economic
Social and Cultural Rights (ICESCR)
•
the International Covenant on Civil and
Political Rights (ICCPR).
•
The UN Convention on the Rights of Persons
with Disabilities (UNCRPD)
•
The UN Convention on the Elimination of all
Forms of Racial Discrimination (UNCERD)
•
The UN Convention on the Elimination of
Discrimination Against Women (UNCEDAW)
•
The UN Convention on the Rights of the
Child (UNCRC).
In 2010 the New Zealand Government moved
to support the UN Declaration on the Rights
of Indigenous People, (UNDRIP). While not a
treaty, the UNDRIP is the foremost international
statement on the human rights of indigenous
people.
The Convention on the Rights of Persons with
Disabilities
The UNCRPD reiterates all of the critical civil,
political, economic social and cultural human
rights described in preceding treaties and
declarations and acknowledges the need for a
specific focus on the rights of disabled people.
This is because these rights are often not being
achieved in signatory countries, including
Aotearoa.
The UNCRPD does not accord new rights but
elaborates on the rights in preceding treaties.
It sets out the specific measures required for
disabled people to attain equal enjoyment of
all human rights. It must be read in relation to
Acting now for a violence and abuse free future
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