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children belonging to ethnic minorities, refugee children, migrant children, children with
disabilities, lesbian, bisexual, gay, transgender and intersex children and children living
with persons from those groups
Develop and implement a child rights-based health-care protocol for intersex children,
setting the procedures and steps to be followed by health teams ensuring that no one is
subjected to unnecessary medical or surgical treatment during infancy or childhood,
guaranteeing the rights of children to bodily integrity, autonomy and self-determination
and provide families with intersex children with adequate counselling and support
Promptly investigate incidents of surgical and other medical treatment of intersex
children without informed consent and adopt legal provisions to provide redress to
victims of such treatment, including adequate compensation
Educate and train medical and psychological professionals on the range of biological and
physical sexual diversity and on the consequences of unnecessary surgical and other
medical interventions on intersex children
Extend free access to surgical interventions and medical treatment related to their
intersex condition to intersex children between the age of 16 and 18
FEMALE GENITAL MUTILATION
63.
Female Genital Mutilation (FGM) was made illegal in New Zealand in 1996 through an
amendment to the Crimes Act. However, advocacy groups such as The FGM Education
Programme consider that the current provisions are insufficient. They have stated:60
This current definition contains a technically inaccurate description of FGM as it
only refers to some types of FGM and excludes incision, which is frequently
practised in FGM Type 4. Therefore, it urgently requires updating to comply with
the current World Health Organization definition which includes all the types of
FGM (under “other injury”) most commonly practised as follows:
“Female genital mutilation (FGM) means all procedures that involve partial or
total removal of the external female genitalia, or other injury to the female
genital organs for non-medical reasons”. Copied from WHO Female Genital
Mutilation Definition, 2016.
RIGHT TO AN ADEQUATE STANDARD OF LIVING – ARTICLE 14
64.
Despite the many efforts of communities and successive Governments, disparities in social
and economic outcomes remain a reality for some groups of people. Those seriously
affected include women and girls, Māori, Pacific people, migrants, refugees and disabled
people.
65.
While the 2015 OECD Economic Survey on New Zealand acknowledged that New Zealand
has generally done well in enabling economic and social participation of its people, income
60
FGM Education Programme, Discussion document outlining the need to update the definition of Female
Genital Mutilation (FGM) in the Amendment to the Crimes Act 1996 Section 204A to prevent FGM occurring in
New Zealand, 2016
13