Freedom from discrimination Freedom from discrimination is fundamental to human rights law. It is enshrined in the ICCPR and ICESCR (Article 2); and the international treaties on racial discrimination, discrimination against women and the rights of refugees, stateless persons, children, migrant workers and members of their families, and disabled people. Other treaties require the elimination of discrimination in specific areas, such as employment and education (see, for example, ILO Convention 111 concerning Discrimination in Respect of Employment and Occupation [1958], and the UNESCO Convention against Discrimination in Education). International human rights law requires governments ensure both formal and substantive equality. Formal equality is equal treatment before the law. However, equal treatment does not always ensure equal outcomes, because past or ongoing discrimination can mean that equal treatment simply reinforces existing inequalities. To achieve substantive equality – that is, equality of outcomes – some groups will need to be treated differently. Substantive inequalities based on gender, race, ethnicity, social status, and disability, in the rates of poverty in working households in Aotearoa New Zealand have been highlighted in the NZWRI Research. For example, when we look at the different people associated with working households and the prevalence of poverty experienced by them, some groups fare worse than others: women versus men; Māori and Pacific peoples versus New Zealand European; those identifying as Asian, Middle Eastern, Latin American, or African versus others; migrants from North-East Asia versus migrants from the UK; disabled people versus non-disabled people. Being a member of a group that is likely to experience discrimination can lead to a higher prevalence of poverty in working households. 12 Human Rights Responses to Poverty in Working Households This is relevant for understanding poverty in working households because there are clear linkages between discrimination and poverty: 1. Discrimination, particularly in employment and employment conditions including wages, can lead to a higher prevalence of poverty in working households: The NZWRI Research shows that those from particular ethnic groups, such as Māori and Pacific peoples and migrants, experience a higher prevalence of poverty in working households. 2. Poverty in working households reduces the likely enjoyment of freedom from discrimination: those in working households experiencing poverty are less likely to be free from discrimination – the stigma and interrelated human rights breaches that accompany the experience of poverty entrenches further discriminations. 3. Increasing the enjoyment of the right to be free from discrimination can reduce poverty in working households: for example, ensuring an end to the ethnic and gender pay gaps, enhancing gender, ethnic and diverse representation on private and public boards, and measures to make it easier for women to be equal participants in the workforce will not only address systemic discrimination but will help to alleviate poverty in working households. The principles of equality and non-discrimination must be applied to all rights: poverty in working households can be alleviated only if we protect the freedom from discrimination in every area, including through equal employment opportunities, education, health, housing, food, political participation, and in our justice systems.