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S e cti o n T w o – c iv il and politi cal rights
into law, proposed criminal law-reform initiatives are
testing the strength of those conventions.
• Aspects of proposed criminal law-reform have the
potential to violate fundamental human rights and New
Zealand’s international obligations.
• Legislation does not encapsulate all the rights
recognised by the ICCPR.
• Economic, social and cultural rights are not contained
in the BoRA and the Government continues to question
their justiciability.
• Mäori are disproportionately represented in the criminal
justice system.
The Commission consulted with interested stakeholders
and members of the public on a draft of this chapter.
The Commission has identified the following areas for
action to advance the right to justice:
Historic cases of abuse
Developing a comprehensive mechanism outside the
court system to address historic cases of abuse while
under the care of the State.
Evidence from vulnerable people
Developing more appropriate methods for the taking
and recording of evidence from vulnerable victims and
witnesses in criminal proceedings.
Use of urgency
Reviewing the excessive use of urgency in the passage of
legislation.
Judiciary
Increasing diversity in the judiciary.