PRISM: Human Rights issues relating to Sexual Orientation, Gender Identity and Expression, and Sex Characteristics (SOGIESC)
in Aotearoa New Zealand - A report with recommendations
SOGI formally on the international human rights
agenda.23 However, the establishment of the
mandate was and remains controversial.24 In
2016, it was repeatedly challenged in various
organs of the UN General Assembly by countries
who vigorously sought to undermine its function.25
Despite ongoing campaigns against its renewal,
the mandate was successfully renewed at the
Human Rights Council for a further three years
in 2019.26 The New Zealand government cosponsored the successful resolution to renew the
mandate.27
Having ratified many international human rights
treaties, covenants, conventions, and protocols,
New Zealand is obliged to implement these
existing international standards through its
domestic laws. The New Zealand Human Rights
Commission (the Commission) monitors the
progress made regarding human rights in New
Zealand, including the rights of people with
a diverse sexual orientation, gender identity
and expression, or sex characteristics. The
Commission has produced four relevant reports
specifically on these populations.28
political, economic, social, and cultural human
rights. The issues affecting these populations are
the same as many other minority communities,
including but not limited to minority stress,
healthcare, housing, education, employment,
safety, and violence. Despite the resilience of
these communities, they are consistently overrepresented in negative statistics regarding
mental health, addiction, lifespan, homelessness,
and employment.29 Multiple minority identities,
such as having disabilities or impairments; being
from an indigenous population, a person of
colour, or non-white; living with HIV or in unstable
housing; in addition to having a diverse SOGIESC,
can compound experiences of violence and
discrimination.30
People with a diverse SOGIESC in Aotearoa New
Zealand face specific and unique barriers to the
full enjoyment of human rights. The stigma and
discrimination they face leads to violations of civil,
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27
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The mandate of the Independent Expert has two functions: to raise awareness of the violence and discrimination faced by people
on the basis of their sexual orientation and gender identity (SOGI), and to advise States on ways they can implement measures to
reduce that violence and discrimination. All mandates are established for a period of three years and then given opportunity to be
renewed.
International Service for Human Rights “LGBTI rights: Defending the United Nations Independent Expert on Sexual Orientation
and Gender Identity” (press release, 27 October 2017).
OutRight Action International and others Defending the Independent Expert on protection against violence and discrimination
based on sexual orientation and gender identity at the 71st Session of the United Nations General Assembly (2017).
International Lesbian, Gay, Bisexual, Trans and Intersex Association “UN renews crucial mandate for protection against violence
and discrimination based on sexual orientation and gender identity” (press release, 12 July 2019). The resolution was adopted by a
vote of 27 countries in favour, 12 against, and 7 abstaining; see Resolution adopted by the Human Rights Council on 12 July 2019:
Mandate of the Independent Expert on protection against violence and discrimination based on sexual orientation and gender
identity GA Res 41/18 (2019). This margin of success was even larger than the result three years earlier in 2016, when the original
resolution was adopted by a vote of 23 countries in favour, 18 against, and 6 abstentions; see Resolution adopted by the Human
Rights Council on 30 June 2016: Protection against violence and discrimination based on sexual orientation and gender identity GA
Res 32/2 (2016).
International Lesbian, Gay, Bisexual, Trans and Intersex Association, International Service for Human Rights and ARC International
Renewal of the Mandate of the Independent Expert on protection against violence and discrimination based on sexual orientation and
gender identity: Compilation of the Adoption of the 2019 SOGI Resolution 41/18 (2019) at Annex 1.
These are 1) 2008 Report of the Inquiry into Discrimination Experienced by Transgender People; 2) 2010 chapter on the Rights
of Sexual and Gender Minorities, as part of the Commission’s 2010 review of human rights in New Zealand; 3) 2016 Intersex
Roundtable Report: The practice of genital normalisation on intersex children in Aotearoa New Zealand; and 4) 2017 Intersex
Roundtable Report: Ending the practice of genital normalisation on intersex children in Aotearoa New Zealand.
Victor Madrigal-Borloz Report to the Human Rights Council by the Independent Expert on protection against violence and discrimination
based on sexual orientation and gender identity UN Doc A/HRC/38/43 (11 May 2018) at [57].
Victor Madrigal-Borloz Report to the Human Rights Council by the Independent Expert on protection against violence and discrimination
based on sexual orientation and gender identity UN Doc A/HRC/38/43 (11 May 2018) at [58].