Human Rights and Te Tiriti o Waitangi: COVID-19 and Alert Level 4 in Aotearoa New Zealand Family violence - Whakarekereke ā-whare Everyone has the human right to be free from violence and abuse. Violence against people diminishes their enjoyment of other fundamental rights and freedoms. The COVID-19 pandemic has created an environment heightening the risk and occurrence of violence against women, children, and other vulnerable people. Economic insecurity, job losses, overcrowding, loss of routine, lack of access to usual supports, and povertyrelated stress all contribute to volatile situations. The current situation risks further exacerbating harms experienced by Mäori whanau who are overrepresented in violence statistics. Police and social services have reported increased family violence since the beginning of Level 4. The lockdown significantly impacts victims’ ability to escape abusive partners or call for help. For abusers, it restricted their physical contact with others who may have been able to help calm situations and mitigate harmful behaviour. Disabled people face twice the risk of experiencing violence compared with non-disabled people. With reduced access to supports such as respite, creating conditions of stress, the risks of violence and neglect increase. Wrap-around services that respond to the needs of disabled people are critically needed in the COVID-19 response. Rainbow people in households where their identities are not affirmed or tolerated face the risk of violence. Emergency housing providers and refuges may lack gender-diversity policies or options for transgender people and men. The allocation of an extra $12 million in funding for additional refuge accommodation and other support services is commendable. In Level 3, funding and support for those at risk of violence will need to increase. Funding must be directed to inclusive and accessible services, both prevention and response. These initiatives should reflect Tiriti partnership, support Mäori-led approaches and advance equitable outcomes. 14 Police must be given clear direction to respond appropriately to family violence incidents in Level 3. Low numbers of family violence arrests suggest Police may not be arresting people when necessary. This may be due to COVID-19 social distancing guidance which prevents candid disclosure of violence. It may be because police capacity is directed to other COVID-19 priorities. Older people The impact of COVID-19, and the emergency response to contain it, has been especially acute for older people. Not only do older people face a disproportionate risk of death as a result of the pandemic, many also live in high-risk environments such as aged care facilities. Of the 19 deaths to date, all have occurred in the 60-70+ age group with five of the 16 significant clusters occurring in residential aged care facilities. Alert Level 4 lockdown measures to protect the right to health protection and health care created additional challenges for many older people. These included: a shortage of caregivers and a reduction in home care services; a lack of access to respite care; the suspension of social and community support programmes; and an inability to access critical COVIDrelated information when it was provided only in digital form. Older people are at risk when their daily lives and support systems are disrupted. Numerous human rights are implicated, including the rights to health care, food, an adequate standard of living, and accessible information. Access to secure payment methods to purchase food during Level 4 lockdown has been a considerable barrier. Many people are not set up for internet banking and do not have debit or visa cards. The banking industry and other businesses have a responsibility to have preparedness plans in place to ensure their customers are equipped to meet their basic needs during a national emergency. A successful response to the COVID-19 pandemic requires the government to take all effective and reasonable measures to ensure the rights of older people are protected and that, as far as possible, older people are empowered to take care of their own affairs and wellbeing.

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