Introduction
1. The New Zealand Human Rights Commission (the Commission) welcomes the opportunity to
contribute this supplementary submission to the main report provided by the New Zealand
Independent Monitoring Mechanism (IMM) under the United Nations Convention on the
Rights of Persons with Disabilities (CRPD). As a member of the IMM, the Commission supports
the main report provided by the IMM.1 This submission supplements, and is independent of,
this main report.
2. The Commission is accredited as an A-status National Human Rights Institution under the Paris
Principles. The Commission's purpose is to promote and protect the human rights of all people
in Aotearoa New Zealand. The Commission works toward a free, fair, safe and just Aotearoa
New Zealand, where diversity is valued, and human dignity and rights are respected. The
Commission’s functions and status as an Independent Crown Entity are established under New
Zealand’s Human Rights Act 1993 (HRA).2
3. The Disability Rights Commissioner (the Commissioner), Paula Tesoriero MNZM, has a broad
mandate under the Human Rights Act 1993 to protect and promote the rights of disabled
people in New Zealand.3 The Commissioner fulfils her role in a variety of ways, through public
engagements providing advice to government, monitoring policy and legislation, meeting with
stakeholders, and most importantly listening to disabled individuals and their whānau.4
4. The Commissioner’s work, including in relation to the issues canvassed in this submission, is
informed by regular interaction with disabled people, their whānau, academics and clinicians.
A small subset of these networks provided input to this submission.5
Structure of the submission
5. This supplementary submission is structured under two parts:
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The New Zealand government established an IMM in 2011 to fulfil the requirements of article 33 of the
CRPD. The IMM consists of three independent partners: the Ombudsman, the Commission and the
Convention Coalition.
The long title to the HRA states that the Commission’s role is to provide better protection of human
rights in New Zealand in general accordance with the United Nations Covenants or Conventions on
Human Rights.
Disabled people is the preferred language of people with impairment in New Zealand, and includes
tāngata whaikaha Māori (Māori persons with disabilities), and reflects the social model of disability on
which the New Zealand Disability Strategy 2016-2026 is based. In this context, disabled does not refer
to a feature of a person. It refers to the result of social and environmental barriers which interfere
with peoples’ full participation in society. It is therefore our systems that need to change to achieve
equality and non-discrimination.
The term whānau is used throughout this submission to be inclusive of individuals, their families and
caregivers.
In relation to Education: Inclusive Education Action Group, and in relation to FASD: FASD-Can.
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