New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th
periodic review
7.
Historic Cases of abuse
LOIPR – par 26 – In light of the previous recommendations of the Committee (para.11),
please provide statistical data on the number of “historic cases” of cruel, inhuman or
degrading treatment which have been processed since the consideration of the last periodic
report....
Relevant provisions of the CAT: Article 12, 13, 14, 16
Key issues
Some claimants and their lawyers question the impartiality and independence of the
MSD Historic Claims process.
The MSD process deals with claims of abuse and mistreatment in social welfare
homes and residences. There is no analogous process to deal with claims about abuse
in care settings administered by other agencies.
The Confidential Listening and Assistance Service has been integral to the resolution
of historic claims and ensuring that the dignity of claimants is upheld. Unfortunately
the Service will be closing in 2015.
To date there has only been limited acknowledgement of historic abuse and
mistreatment of disabled people in care.
Recommendations
The Commission would welcome guidance from the Committee on the benefit of
judicial verses non-judicial processes as to the amounts of compensation actually
received by victims net of legal and other costs.
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