non-discrimination, and distinct identity, culture and way of life. In its implementation, the Declaration
requires States to give particular attention to the rights and special needs of indigenous persons with
disabilities (Articles 22 and 23).
The CRPD is aimed at promoting, protecting and ensuring the full and equal enjoyment of all
human rights and fundamental freedoms by all persons with disabilities, and promoting respect
for their inherent dignity. It states that disabled people have the same civil, political, economic,
social and cultural rights as all other people and acknowledges the need for a specific focus on the
rights of disabled people. It must be read in conjunction with all other human rights covenants and
declarations.
The CRPD sets out what is required for disabled people to attain equal enjoyment of all human rights.
In particular, it recognizes that disabled people have a right of accessibility, on an equal basis with
others, to enable them to live independently and participate fully in all aspects of life (Article 9), the
right to live independently and be included in the community (Article 10), and the right to enjoyment
of the highest attainable standard of health without discrimination on the basis of disability (Article
25).
A central feature of the CRPD is that disabled people must be involved in its implementation and
monitoring. It emphasises the importance of the autonomy and active involvement of disabled people
in decision-making processes about policies and programmes, including those directly concerning
them (preamble and Article 3). For tāngata whaikaha Māori, tino rangatiratanga is also implicit in
Articles 3, 4 and 18 of UNDRIP.
Background to this report
The Inquiry into the support of disabled people during the Omicron outbreak10 was launched on 11
March 2022 by the Disability Rights Commissioner (the Commissioner). The Inquiry operates under
Section 5(2)(h) of the Human Rights Act 1993.11
The Inquiry is a response to several questions raised in media and correspondence or communication
with the Commissioner, about whether the rights of disabled people are being protected during the
Omicron phase of Aotearoa’s COVID-19 pandemic response.
This first stage of the Inquiry aimed to gather views rapidly from organisations12 on what they know
about the impact of the Omicron outbreak and the easing of public health measures, on disabled
people, their whānau and communities. The speed at which the Inquiry gathered information was
necessary both to:
•
14
Identify some areas for immediate action to improve the government response to Omicron, so
that the rights of disabled people can be protected
10
Since mid-December, when the first case of the Omicron variant was detected in Aotearoa New Zealand.
11
Section 5(2)(h) of the Human Rights Act 1993 provides for the Human Rights Commission to inquire into matters
that may involve the infringement of human rights.
12
In this report, the term organisation means community groups, networks, organisations or rōpū around
their understandings of the current experiences of disabled people and their whānau, and community
groups, networks, organisations or rōpū.
Inquiry into the Support of Disabled People and Whānau During Omicron