7.4 Right to health 7.6 Right to an effective remedy ICESCR provides for the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.75 The right requires the State to provide equality of opportunity for everyone, including for migrants and nationals alike.76 The right to an effective remedy is expressed in Article 8 of the Universal Declaration of Human Rights which provides that: “Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.”79 It is also provided for in Article 2 of the International Covenant on Civil and Political Rights. 7.5 Right to freedom of association As a member of the International Labour Organization (ILO), New Zealand is required to promote freedom of association, which includes the right to join trade unions. This right is also protected by domestic legislation including the New Zealand Bill of Rights Act 1990 which protects the right to freedom of association.77 The Employment Relations Act 2000 explicitly states that one of the objects of the Act is to promote observance in New Zealand of the principles underlying ILO Convention 87 on Freedom of Association, and Convention 98 on the Right to Organise and Bargain Collectively.78 Access to remedy is a foundational principle to the UN Guiding Principles in Business and Human Rights. It provides that as: “part of their duty to protect against business-related human rights abuse, States must take appropriate steps to ensure, through judicial, administrative, legislative or other appropriate means, that when such abuses occur within their territory and/or jurisdiction those affected have access to effective remedy.”80 75 Article 12.1. 76 UN Committee on Economic, Social and Cultural Rights, General Comment No. 14: The Right to the Highest Attainable Standard of Health (Article 12 of the International Covenant on Economic, Social and Cultural Rights) (2000). 77 Section 17. 78 Section 3(b). 79 https://www.ohchr.org/en/human-rights/universal-declaration/translations/english 80 United Nations Guiding Principles on Business and Human Rights, Principle 25, foundational principle. See p27 of https://www. ohchr.org/sites/default/files/documents/publications/guidingprinciplesbusinesshr_en.pdf. 17