108 S e cti o n T w o – c iv il and politi cal rights often raised in relation to security of the person, it is not the nature of their role and their corresponding position guaranteed as a right in any internationally recognised of power, there remains a risk of infringements on human document. It is an aspiration that can be achieved only rights by them. through the realisation of other rights. Since the Commission’s review of human rights in 2004, New Zealand has taken a number of positive measures to better protect, promote and fulfil the right to life, liberty and security of person. These include: • increased emphasis on the prevention of domestic violence, including a comprehensive campaign for Action on Family Violence • reviews of victims’ rights and access to support services • introduction of the Policing Act 2008, which takes account of national and international human rights standards • ratification of the Optional Protocol to the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (OPCAT) 5 • a review of the Police Complaints Authority and the introduction of the Independent Police Conduct Authority • some amendments to New Zealand’s counter-terrorism laws. Nevertheless, the rate of reported crime, in particular violent crime, has increased since the last review, and there continues to be bias (either perceived or actual) in the criminal justice system. In examining the right to life, liberty and security of person, the Commission identifies specific groups in society who are most vulnerable to threats to their security. This chapter focusses in particular on the New Zealand Police’s functions in upholding the right to life, liberty and security of person and recent developments in their operations. Among the agencies responsible for the protection of the security of people in New Zealand, the International context Kaupapa ä taiao Article 1 of the United Nations Charter lists as the first purpose of the United Nations: ...to maintain international peace and security, and to that end, to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace. The United Nations General Assembly and the United Nations Security Council have international security responsibilities under the UN Charter. The International Covenant on Civil and Political Rights (ICCPR), the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (CAT), the UN Convention on the Rights of the Child (UNCROC), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), the Convention on the Rights of Persons with Disabilities (CRPD), and the Convention on the Elimination of All Forms of Racial Discrimination (CERD) contain provisions relevant to the right to life, liberty and security of person. New Zealand has ratified all six treaties and they are reflected in a variety of domestic legislation. 6 New Zealand Police have the greatest daily role. Police Rights in the international human rights treaties apply to do this by working to reduce the incidence of crime, everyone. The ICCPR requires ratifying states to protect detecting and apprehending offenders, maintaining law the civil and political rights of people in their jurisdiction, and order and enhancing public safety. However, due to without discrimination. 7 It includes the right to liberty 5 The OPCAT establishes a dual system of preventative monitoring, undertaken by national and international monitoring mechanisms. The chapter on the rights of people who are detained considers OPCAT in more detail. 6 For example, the New Zealand Bill of Rights Act 1990 (BoRA) affirms New Zealand’s commitment to the ICCPR, and the Crimes of Torture Act 1989 was enacted as a precursor to New Zealand’s ratification of CAT. 7 New Zealand ratified the ICCPR and the ICESCR in 1976.