Submission of the New Zealand Human Rights Commission to the 18 th session of the Human Rights Council; New Zealand’s Second Universal Periodic Review. Further work is required to prevent abuse against disabled people in all environments. If abuse does occur, there need to be systems in place to detect it quickly and to respond effectively and in a manner appropriate to the needs of the disabled person concerned. Education The IMM supports initiatives that have been taken to make schools more inclusive. Since the last monitoring report, the Education Review Office (ERO) has undertaken a number of evaluations and surveys. These indicate that good progress has been made towards schools and early childhood centres becoming more inclusive. However, the IMM shares ERO’s concern about the way schools report on their inclusiveness. This reporting focuses predominantly on activities and strategies and much less on the outcomes that are achieved for disabled students. The IHC has questioned the methodology used by ERO and the statistical significance of some of its findings. Exclusion, isolation and bullying remain significant issues for children and youth. Education-related complaints continue to make up a large proportion of disability complaints to the Human Rights Commission. It is essential more work is done to ensure that disabled children are able to fully realise their education rights, and that this occurs in partnership with DPOs. The IMM remains concerned that there is a gap between the legal right to education and the ability to ensure that this right is realised at a practical level for individual students. There is still no enforceable right to inclusive education in New Zealand. Other matters of concern In addition to the key general issues that have been identified, there are a number of other specific matters of concern that have arisen during the last reporting period. These are discussed in more detail in the full report and are summarised briefly below. Reliance on substituted decision-making Respect for individual autonomy, including the freedom to make one’s own choices, is one of the underpinning principles in the Disability Convention. In those limited circumstances where a disabled person cannot make an independent decision, a supported decision-making process should be used. This contrasts with substituted decision-making where decisions made by others are imposed on disabled people. Further work is required to ensure that the right to equal recognition before the law (Article 12) is realised for all disabled people and in all circumstances, and that practical supports are provided in order to achieve this. Removal of remedies for unlawful discrimination in relation to family caregivers The introduction of the New Zealand Public Health and Disability Amendment Act 2013 effectively removed any potential domestic legal remedy for unlawful discrimination relating to the Government’s family care policy. The IMM urges the Government to repeal this legislation and to properly acknowledge the right of disabled people to choose a family member to be their caregiver. In addition, these arrangements need to be funded on the same basis as those provided by people 31