Introduction
Te Kāhui Tika Tangata | Human Rights Commission is mandated to protect
and promote human rights for everyone, and affirms the rights of trans and
non-binary people to be who they are.
In this publication, we outline how human rights law in Aotearoa New Zealand
protects you. We also provide some information about what you can do if you feel
your rights have been breached, including via our free, confidential dispute resolution
service.
Trans rights are human rights
All people have the same human rights and freedoms and are born free and equal in
dignity and rights. Transgender and non-binary people exist across the world and span
all ages, ethnicities, societies, and cultures.
Tangata Whenua and other Indigenous peoples with a range of sexual orientations,
gender identities and expressions, and sex characteristics have existed throughout
history, including in the Pacific and Te Ao Māori. There are many culturally specific
terms relating to sexual orientation and gender identities. These concepts are more
about (or just as much about) familial, genealogical, social, and cultural individuality.
For example: Tangata ira tāne and Whakawahine (Māori); Fa’afafine (Samoa &
American Samoa); Leiti/Fakaleiti (Tonga); Fakafifine (Niue); Akava’ine (Cook Islands);
Pina (Tuvalu), Māhū (Taihiti and Hawaii); Vakasalewalewa (Fiji); and Palopa (Papua
New Guinea).
Under international human rights standards, everyone has the right to be recognised,
respected, and participate in public life. You have the right to define your own gender
and be free from harm based on your gender.1
Under international human rights
standards, everyone has the right to be
recognised, respected, and participate in
public life. You have the right to define
your own gender and be free from harm
based on your gender.
1
See https://tikatangata.org.nz/human-rights-in-aotearoa/rights-of-sexual-and-gender-minorities and
https://yogyakartaprinciples.org/.