Child abuse and neglect 66. The Government has acknowledged that the rates of abuse and neglect of children poses one of the most pressing human rights challenges in New Zealand. During the 1980s, child mortality from intentional injury almost doubled29 and has improved little since then. Between 2009 and 2012, there were 37 child abuse and neglect deaths.30 New Zealand continues to have one of the highest child maltreatment death rates in the OECD. 67. Since 2011, the Government has introduced a range of policy measures to counter the prevalence of child abuse in New Zealand, of which the CAP is the most significant. However, the implementation of the CAP is still at an early stage and its impact in reducing rates of child abuse and maltreatment is yet to be ascertained. However, BPS Result 4 indicates a gradual fall in cases of substantiated physical abuse against children in the 12 month period to June 2015.31 Bullying 68. There has been ongoing social concern regarding the prevalence of bullying in schools and its affect on children. Disabled children and young people, and same-sex attracted, both sex-attracted, trans and intersex children and young people are disproportionately affected by bullying in schools. In 2013, the Government accordingly established a Bullying Prevention Advisory Group whose members included the Secretary for Education, the Children’s Commissioner, the Human Rights Commission and education sector professionals, to address the problem. The BPAG produced non-regulatory guidelines to assist schools develop and administer bullying prevention practices and programmes.32 The guidelines contain reference to obligations upon schools to prevent bullying in schools under Article 29(1) of the CRC and traversed by the Committee in its General Comment No. 13 on the right if children to be free from all forms of violence. 69. However, the principal legislation governing the school sector, the Education Act 1989, does not contain any provisions that establish any explicit obligations or functions upon schools to prevent bullying, nor are any contained in the National Administrative Guidelines for schools, issued under that Act. Recommendations 29 The Children’s Social Health Monitor 2011 Update, E Craig et al, New Zealand Child and Youth Epidemiology Service, Dunedin 30 Family Violence Death Review Committee 4th annual report (2014, Health Quality Safety Commission 31 https://www.ssc.govt.nz/bps-supporting-vulnerable-children#result4 32 http://www.wellbeingatschool.org.nz/sites/default/files/Bullying-prevention-and-response-A-guide-forschools.pdf 17