Human Rights in Policy and Legislation ICESCR Arts: 1 | 2 LOIPR Paras: 1 | 6 SDGs: 10 | 16 6. New Zealand legislators and policy makers often ignore or fail to explicitly recognise or incorporate economic, social and cultural rights in legislation and policy. This is despite a requirement in the Cabinet Manual and the Legislative Design and Advisory Guidelines for proper consideration to be given to New Zealand’s obligations under international law. Neither is there any overt recognition or endorsement of the ICESCR within New Zealand’s legislative framework, unlike the partial recognition of ICCPR rights reflected in the New Zealand Bill of Rights Act 1990 (BORA). 7. This reflects the State’s uneven approach to human rights due diligence and compliance. While the BORA compliance requirements ensure a degree of systemic awareness of ICCPR rights, there is an apparent lack of awareness among officials of the need to reflect ICESCR rights within relevant policy and legislation. For example, despite the Commission recommending it do so, the Ministry of Health made no specific reference to the right to health in its most recent Health Strategy. On the other hand, there has been more willingness to acknowledge the specific rights of some vulnerable population groups, as recently evidenced by the reference to UN Conventions on the Rights of the Child and the Rights of Persons with Disabilities in recent reforms to child protection legislation. 8. Of further concern has been the response of the State to decisions by Courts and Tribunals which find policy or legislation inconsistent with human rights law. For example, previous Government responses to Declarations of Inconsistency made by the Human Rights Review Tribunal and the Courts under the Human Rights Act1 has, on occasion, been dismissive (Adoption Action Inc v Attorney-General) or kneejerk (Ministry of Health v Atkinson).2 This has either perpetuated, or led to, policies and laws that are inconsistent with human rights standards. 9. In 2013 the Independent Constitutional Advisory Panel recommended that a process be set up to explore options for amending the BORA by: (a) Adding economic, social and cultural rights, property rights and environmental rights, and (b) Improving compliance by the Executive and Parliament with standards in the Act. 4