Submission of the New Zealand Human Rights Commission to the 18 th session of the Human Rights Council; New Zealand’s Second Universal Periodic Review. 3 building a people driven system 4 violence and abuse 5 education. The first part of the report also highlights four more specific matters of concern. These include the passing of the New Zealand Public Health and Disability Amendment Act 2013. This legislation means people are no longer able to pursue complaints of unlawful discrimination in relation to the Government’s family care policy. The other three issues are the reliance on substituted decisionmaking, serious health outcomes for disabled people and the impact of sections of the Children Young Persons and Their Families Act 1989 on the rights of disabled children. The IMM partners trust the report will act as a powerful catalyst for change that will lead to further improvements in the daily lives of people with disabilities. This summary version describes the Disability Convention monitoring process and sets out the IMM’s conclusions and its key recommendations. It also lists all the recommendations contained in the full report. This summary and the full report are available to download from the Human Rights Commission’s website at: www.hrc.co.nz/makingdisabilityrightsreal The Disability Convention and the Independent Monitoring Mechanism New Zealand signed the Disability Convention on 30 March 2007 and ratified it on 26 September 2008. Its introduction followed decades of work to change attitudes and approaches towards people with disabilities. Instead of considering people with disabilities as "objects" of charity, requiring medical treatment and social protection, disabled people are viewed as "subjects" with rights. This recognises the right of disabled people to make free and informed decisions about their own lives. The Convention is a human rights instrument with an explicit social development dimension. It reaffirms that all people, living with all types of disabilities, must enjoy the full range of human rights and fundamental freedoms. The Convention describes in practical terms how the rights of disabled people can be achieved. Six months after New Zealand signed the Disability Convention, the United Nations General Assembly adopted the Declaration on the Rights of Indigenous Peoples (UNDRIP). New Zealand expressed its support for UNDRIP in April 2010. While the declaration itself is not binding, many of the provisions reflect obligations set out in ratified conventions or covenants. The Disability Convention shares some common underlying human rights principles with both the Treaty of Waitangi and UNDRIP. These include the importance of partnership, autonomy, close consultation and full and effective participation. 27

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