39. Liberty of movement is an indispensable condition for the free development of a person.29 Once a foreign national is lawfully within a country, his or her freedom of movement within the country and his or her right to leave the country can only be restricted to protect national security, public order, public health or the rights or freedom of others.30 Right to privacy and family 40. Article 17 of the ICCPR provides for the right of every person to be protected against arbitrary or unlawful interference with his privacy, family, home or correspondence as well as against unlawful attacks on his honour and reputation. 41. This right is given effect domestically through the Privacy Act 2020. 42. The UN Human Rights Committee has noted that this right is required to be guaranteed against all such interferences and attacks whether they emanate from State authorities or from natural or legal persons. The obligations imposed by this article require the State to adopt legislative and other measures to give effect to the prohibition against such interferences and attacks as well as to the protection of this right.31 Right to an adequate standard of living 43. The right to an adequate standard of living is guaranteed under Article 11.1 of the ICESCR. It includes adequate food, clothing and housing, and the continuous improvement of living conditions. With regard to housing, the Human Rights Commission has published guidelines on the right to a decent home in Aotearoa.32 The guidelines clarify the government’s international obligations on the right to housing, including a right to a warm, dry, safe, secure, affordable, accessible, and decent home.33 Like all human rights, the right to decent housing is a right that applies to everyone in New Zealand, including migrant workers. Right to culture 44. Article 27 of the ICCPR protects the rights of minorities to enjoy their own culture and article 15 of the ICESCR guarantees a right for everyone to take part in cultural life. The right has been described by the UN Committee on ICESCR as essential to human dignity.34 45. Article 20 of NZBORA protects the rights of minorities, which includes the right of minority groups to enjoy their culture. Right to freedom of association 46. As a member of the ILO, New Zealand is required to promote freedom of association, which includes the right to join trade unions. This is reflected in section 17 of the NZBORA which protects the right to freedom of association, including the right to join trade unions. ILO Convention 87 on Freedom of Association and Protection of the Right to Organise Convention sets out what is required for governments to ensure the right to join a trade union is recognised.35 29 UN Human Rights Committee, General Comment no. 27: (Article 12 (Freedom of Movement) at para 1. 30 ICCPR art 12.3; NZBORA s 18(4). 31 UN Human Rights Committee, General Comment No. 16: Article 17 (Right to Privacy). 32 New Zealand Human Rights Commission, Aratohu tika tangata ki te whai whare rawaka i Aotearoa, Framework Guidelines on the right to a decent home in Aotearoa (August 2021) https://communityhousing.org.nz/wp-content/uploads/2021/09/ Framework_Guidelines_on_the_Right_to_a_Decent_Home_in_Aotearoa_FINAL.pdf. 33 At p 11. 34 UN Committee on Economic, Social and Cultural Rights (CESCR), General comment no. 21, Right of everyone to take part in cultural life (art. 15, para. 1a of the Covenant on Economic, Social and Cultural Rights) at para 1. 35 New Zealand has not ratified ILO Convention 87, but it is considered bound in any event, based on the enactment of the Employment Relations Act 2000. See P Rishworth et al The New Zealand Bill of Rights (Oxford University Press, Melbourne, 2033) at 354). 11

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