New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th
periodic review
is entirely victim-focused; and
tailors assistance to a person’s individual needs.
161. CLAS has a record of contributing to rehabilitation through the quality of its own
processes and by brokering assistance from a range of government and community
agencies. Generally it tries to tailor an assistance package for each participant (if
assistance is requested) that reflects specific needs. Some of this assistance is
provided by existing services and accessed with the help of a facilitator, and some is
directly provided by the Service.84
162.
CLAS is set to close in 2015 and is receiving no further registrations. This leaves a
significant gap in the framework to resolve historic claims of abuse in New Zealand.
163.
In response to criticism about this closure the Minister for Social Development has
suggested that a new process will be announced soon.85 The Commission welcomes
this announcement and urges the Government to ensure that the new process
extends to all claims of historic abuse in state care and is founded on New
Zealand’s international human rights obligations. Any such process must also be
appropriately adapted to be accessible to people with intellectual disabilities.86
Disabled People
164.
The taking of a child from their family and institutionalising them solely because they
were disabled is a form of abuse and has a profound lifelong impact. To date, there
has only been limited acknowledgement of this having occurred. Nor has the ongoing
abuse and violence against disabled people in social welfare homes and institutions
for people with learning disability or mental illness been properly acknowledged.
165.
Part of ensuring the safety and wellbeing of disabled people today and tomorrow is to
ensure that these mistakes are made visible and that lessons are learned.87 The
84
For example, listening, drafting correspondence to Ombudsman etc, connecting people with families,
arranging cultural support and contacts, advocacy with Work and Income New Zealand and other agencies and
services.
85
http://www.radionz.co.nz/national/programmes/ninetonoon/audio/20167843/social-development-minister-onsettling-historical-abuse-claims
86
To date processes have not been accessible to people with intellectual disabilities and very few have engaged.
87
Ibid, p 49.
62