Underpinned by Te Tiriti Consolidating a Tiriti o Waitangi and human rights-based approach to all violence prevention and response initiatives, policy and legislative work is essential. It will identify how to most effectively respond to the multiple and intersecting barriers that must be eliminated if current disparities are not to be entrenched, or worse, increased for tāngata whaikaha Māori.161 Key elements of such an approach include: Tino rangatiratanga for whanau whaikaha • Realise the promises of Te Tiriti and rights for tāngata whaikaha Māori under UNDRIP and UNCRPD. • Value indigenous worldviews ensuring programme design, implementation and evaluation is informed by tikanga and Te Ao Māori. • Prioritise tino rangatiratanga, selfdetermination and autonomous decisionmaking made by tāngata whaikaha Māori, whānau and communities. A plan for progressive realisation When a country ratifies an international human rights instrument such as the UNCRPD it doesn’t have to do everything at once. However, the government must have a plan to achieve full realisation of the instrument and be seen to be making progressive improvements. This is called progressive realisation. Progressive realisation means a country must be seen to be developing legislation, policy and practice to fully realise a particular right. Obligations to protect, respect and fulfil human rights There are also things governments must not do, including: torture, non-consensual or degrading treatment, and unfair discrimination. As identified in the body of this report, many disabled people have suffered from violence and abuse, non-consensual or degrading treatment, unfair discrimination and, many162 would argue in relation to children’s experiences in Lake Alice hospital in the 1970s, torture. These things require an immediate response from a country. Promoting equality and tackling discrimination are cross-cutting obligations of immediate realisation. They are not subject to progressive realisation163. A country can violate human rights by taking an action that contravenes the human rights of an individual or a group, or it can violate rights by omission. Omission means: …for example, not taking effective measures to prevent violations, or to investigate, punish, and redress the harm caused by such violations (including in some circumstances violations by private persons or entities).164 Acting now for a violence and abuse free future 47

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