(c)
To consider all child-related legislation as a priority in the Parliament.
UPR Recommendation: Ensure that all national legislation currently in force relating to
children is in conformity with the Convention on the Rights of the Child guaranteeing that the
principles and provisions of that Convention and its protocols are applicable to every child in
its territory (Uruguay).
Government Response: New Zealand rejected this recommendation stating:
New Zealand continues to progress towards greater compliance with the principles and
provisions of UNCROC. Where inconsistencies exist, New Zealand will take the opportunity
when creating or reviewing policy and legislation to further embed the Convention’s
principles and provisions
52.
The Government Report states that:25
Mechanisms are in place to assess whether new legislation is consistent with the Convention.
Cabinet papers seeking approval to introduce a Bill must advise whether the Bill complies
with relevant international standards and obligations. Bills must have a disclosure statement
attached explaining steps taken to determine consistency with New Zealand’s international
obligations.
53.
While the Commission accepts that these requirements exist, in practice the
Government’s assessment of New Zealand’s international human rights obligations in
the development of legislation requires more rigor and transparency.
54.
This could potentially be addressed through the development of a Child Rights Impact
Assessment (CRIA) process that is systematically applied in the policy development
and legislative process. The Commission refers to the Committee’s General Comment
No 14 on Article 3.1, which recommended that States Parties integrate CRIA
processes into all levels of government decision-making, including legislation and
policy formation.26
55.
The Commission notes that the potential application of CRIAs in policy and
legislation was due to be scoped by the Government as part of its CRC Work
Programme.
Recommendations
56.
25
26
The Committee may wish to consider including the following questions in its List
of Issues for the New Zealand Government:
At [33].
CRC/C/GC/14, 29 May 2013, paragraph 99
13