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General Measures of Implementation (Articles 4, 42, 44)
A. Reservations - Background Information
Relevant provision of the CRC: Articles 2, 4
CO 2011: The Committee reiterates its previous recommendations and urges the State party
to:
(a) Withdraw its general reservation and its reservations to article 32, paragraph 2 and 37(c);
and
(b) Extend the application of the Convention to the territory of Tokelau.
UPR Recommendation: Consider an eventual withdrawal of New Zealand’s reservations to
the Convention on the Rights of the Child (Brazil)
Government Response: New Zealand accepted this recommendation stating:
The Immigration Act 2009 protects education providers from prosecution where they enrol
children who are unlawfully in New Zealand. This change supports any future decision by
New Zealand to withdraw the reservation to Article 2.
Subcommittee on the Prevention of Torture (“SPT”) Recommendation:
(a) Consider withdrawing its reservations to UNCAT, article 14 and CRC
Article 37(c)
Government Response to SPT:
The Ministry of Health has issued guidelines to assist district health boards (DHBs)
and mental health service providers to comply with the non-age-mixing provisions of article
37(c) of the CRC. The guidelines also describe the Ministry’s expectations in
situations where it is considered in the best interests of a child or young person under 18
years to be placed in an adult ward.
General reservation
38.
In its 3rd/4th periodic report, the Government stated:20
20
http://www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights/international-humanrights-instruments/international-human-rights-instruments-1/procedures-relating-to-the-core-human-rightsinstruments-of-the-united-nations/documents-and-other-information-relating-to-the-core-human-rights-
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