Underpinned by Te Tiriti
Consolidating a Tiriti o Waitangi and human rights-based approach to all violence prevention
and response initiatives, policy and legislative work is essential. It will identify how to most
effectively respond to the multiple and intersecting barriers that must be eliminated if
current disparities are not to be entrenched, or worse, increased for tāngata whaikaha
Māori.161
Key elements of such an approach include:
Tino rangatiratanga for whanau whaikaha
•
Realise the promises of Te Tiriti and rights
for tāngata whaikaha Māori under UNDRIP
and UNCRPD.
•
Value indigenous worldviews ensuring
programme design, implementation and
evaluation is informed by tikanga and Te Ao
Māori.
•
Prioritise tino rangatiratanga, selfdetermination and autonomous decisionmaking made by tāngata whaikaha Māori,
whānau and communities.
A plan for progressive realisation
When a country ratifies an international human
rights instrument such as the UNCRPD it doesn’t
have to do everything at once. However, the
government must have a plan to achieve full
realisation of the instrument and be seen to be
making progressive improvements. This is called
progressive realisation. Progressive realisation
means a country must be seen to be developing
legislation, policy and practice to fully realise a
particular right.
Obligations to protect, respect and fulfil
human rights
There are also things governments must not
do, including: torture, non-consensual or
degrading treatment, and unfair discrimination.
As identified in the body of this report, many
disabled people have suffered from violence
and abuse, non-consensual or degrading
treatment, unfair discrimination and, many162
would argue in relation to children’s experiences
in Lake Alice hospital in the 1970s, torture.
These things require an immediate response
from a country.
Promoting equality and tackling
discrimination are cross-cutting obligations
of immediate realisation. They are not
subject to progressive realisation163.
A country can violate human rights by taking an
action that contravenes the human rights of an
individual or a group, or it can violate rights by
omission. Omission means:
…for example, not taking effective measures
to prevent violations, or to investigate,
punish, and redress the harm caused
by such violations (including in some
circumstances violations by private persons
or entities).164
Acting now for a violence and abuse free future
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