201. However, the courts have traditionally awarded moderate monetary awards for breaches of NZBORA, including for violations of the right to freedom from torture under s 9.220 In Taunoa, the Supreme Court was not unanimous in its approach to calculating the quantum for damages.221 The Commission also notes the much higher levels of individual compensation available (as compared to Taunoa) to survivors following similar overseas Inquiries into abuse in care institutions. It is submitted that these approaches provide a more congruent comparator for assessing monetary compensation. 202. Aotearoa New Zealand has however maintained its reservation to Article 14 of UNCAT, which hinders the right of redress for victims of violations of the Convention by leaving the award of compensation at the discretion of the Attorney-General. 203. The Committee may wish to recommend that the Government take steps taken to remove the reservation to Article 14 or, in the alternative, explain why steps are not being taken to remove the reservation. Article 16 Unnecessary medical interventions on intersex children (List of issues item 32) 204. The Commission acknowledges steps being taken to uphold the rights of intersex children, including via the formation of the Intersex Clinical Reference Group (CRG) which ran from 20182020222 and the steps taken by the CRG to improve health practices, systems, and approaches for intersex young people up to age 18, as set out in more detail in HRC’s PRISM report.223 205. However, the key issue of medical intervention on intersex infants and children remains an unaddressed matter and ongoing human rights concern for Aotearoa New Zealand, as highlighted in the Commission’s PRISM report224, by the Committee on the Rights of the Child (CRC Committee) in 2023225, and the Committee on the Rights of Persons with Disabilities.226 206. The Commission endorses the recommendations of the CRC Committee, including the need to finalise the guidelines and protocol being developed by the Intersex Working Group prohibiting non-urgent and non-essential medical or surgical treatment of intersex children before they are of sufficient age and maturity to make their own decisions and provide free, prior and informed consent. The Commission also recommends that the Government consider whether specific legislation addressing the practice is required. 220 Right not to be subjected to torture or cruel treatment. Also, the gravity and nature of the human rights violations that occurred at Lake Alice and in other facilities can be distinguished from Taunoa. Whereas Taunoa regarded the use of solitary confinement in a men’s prison, this matter involves a range of sustained and varied human rights violations perpetrated against children in state care institutions. The vulnerability of the children and the environment (and related duties of the state) in which the abuse occurred, and the permanent effect of those abuses of the victims, are significant aggravating characteristics. 222 See Paediatric Society Aotearoa New Zealand Annual Report 1 July 2017 – 30 June 2018: Aotearoa New Zealand Child and Youth Clinical Network (February 2019). 223 See Human Rights Commission Te Kahui Tika Tangata PRISM: Human rights issues relating to Sexual Orientation, Gender Identity and Expression, and Sex Characteristics (SOGIESC) in Aotearoa Aotearoa New Zealand, June 2020 available at https://tikatangata.org.nz/our-work/prism-human-rights-issues-relating-to-sexual-orientation-gender-identity-andexpression-and-sex-characteristics-sogiesc-in-aotearoa-new-zealand. 224 Ibid., at 41-45. 225 Committee on the Rights of the Child. Concluding observations on the sixth periodic report of Aotearoa New Zealand, CRC/C/NZL/CO/6, 28 February 2023 at [25]. 226 Committee on the Rights of Persons with Disabilities, Concluding observations on the initial report of Aotearoa New Zealand: (September 2022) UN Doc. CRPD/C/NZL/CO/2-3 at 36. 221 46