Inclusive and Just
Society
Our disability rights strategic advocacy supports a more inclusive and
just society and has resulted in a number of positive outcomes. The
Commission led the publication of the CRPD Independent Monitoring
Mechanism Right to Education interim report, with good feedback and
engagement from civil society. Working with the Ministry of Education,
we have supported and progressed inclusive education and increased
information-sharing and transparency among agencies.
The Commission supported the successful election of Robert Martin to the
Committee on the Rights of Persons with Disabilities. He is the first person
in the world with an intellectual disability on any UN Committee.
The Commission held a multi-sector roundtable on the practice of gender
normalisation of intersex children in New Zealand. We also continue
to advocate for full realisation of the rights of Gay, Lesbian, Bisexual,
Transsexual and Intersex New Zealanders.
Civil and Political
Rights
The Cullen Reddy Review on data and surveillance was published in
2015. The review resulted from concerns first raised by the Commission
in 2013. The Commission identified issues regarding proposed security
and intelligence legislation and called for a review of all legislation and
stronger accountability and oversight mechanisms. Parliament responded
by inserting a requirement for a review into the legislation.
The Commission wholeheartedly endorsed the Review’s central conclusion
that there should be a single, integrated and comprehensive statute
governing the security and intelligence establishment, with a fundamental
purpose to protect New Zealand as an open, free and democratic society.
The Commission continued to make a significant impact participating in legal
proceedings, appearing as an “intervener” in several major human rightsrelated legal cases over the past year. In February 2016 the Commission
participated in Spencer v Attorney-General, a case arising from the longrunning “parents as caregivers” litigation commenced by family members
of adult disabled children. The High Court subsequently awarded Margaret
Spencer more than $200,000 in damages to compensate her for losses
arising from the Ministry of Health’s discriminatory practice of refusing to
pay family members for providing care to disabled adults. Of particular
significance, the Court also accepted the Commission’s submission that a
training order should be made under the Human Rights Act and directed
the Ministry of Health should educate its officers on the importance of the
human rights of disabled persons and their caregivers.
In March 2016 the Human Rights Review Tribunal released its decision
in the case of Adoption Action v Attorney General. The Tribunal issued a
declaration of inconsistency holding that a number of provisions of the
Adoption Act 1955 were inconsistent with the New Zealand Bill of Rights
Act 1990. These included provisions relating to the position of sole male
applicants, civil union partners and same sex de-facto couples, consent
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Human Rights Commission