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. appropriate medical professionals have the authority to decide which medical treatments they will receive and the High Court has observed that court authorisation in a case of sterilisation is not required.25 This is in stark contrast to similar jurisdictions, such as Australia, where a court order is required. The Commission is unaware of any government work programme to review or amend the current framework. Respect for home and the family (art. 23) Adoption Act 61. The Adoption Act 1955 (“AA”) is one of the oldest statutes in New Zealand with ongoing application. It was enacted at a time when societal structures and mores were very different from today. The AA relies on a number of grounds of prohibited discrimination to regulate the adoption process. 62. Over the years the courts have made attempts to construe the AA in such a way as to align it with contemporary civil life. Executive government and Crown Entities such as the Law Commission have also reviewed the AA. The theme that consistently emerges from these court decisions and reviews is that at least some of the discrimination contained in the AA is unjustified and a barrier to ensuring justice in individual cases. 63. As stated by the government in its response to the LOI section 3 of the AA places no restriction on the right of a person to make an application to adopt a child because of disability. It is to the courts to determine what may be in the best interests of a child in an individual case. 64. However, section 8 of the AA subjects disabled birth parents to differential treatment based on their disability. Section 8(1) (b) enables consent to an adoption order to be dispensed with if the court is satisfied that the parent or guardian is unfit, by reason of any physical or mental incapacity, to have the care and control of the child; the unfitness is likely to continue indefinitely; and reasonable notice of the application for an adoption order has been given to the parent or guardian. This is in stark contrast to all other parents who are assessed on the basis of their behaviour. In the Commission’s view section 8(1) (b) is outdated, redundant and discriminatory. 65. In 2013 Adoption Action26 applied to the Human Rights Review Tribunal for a declaration that the AA and the Adult Adoption Information Act 1985 (“AIA”) are inconsistent with the anti-discrimination provisions in the New Zealand Bill of Rights Act 1990 and therefore contravene Part 1A of the HRA. It was claimed that the AA and AAI discriminate against certain classes of persons on a number of grounds including disability, referring in particular to s 8(1) (b). The Commission intervened in these 25 Re X [1991] 2 NZLR 365 (HC) Adoption Action is an incorporated society whose members include persons who have had personal experience of adoption whether as relinquishing parents, adopted persons or actual or potential adoptive parents. 26 15