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.
The IMM is concerned that the legal requirement to take reasonable steps to accommodate the
rights of disabled people in a variety of situations and settings is not well understood.
The Disability Access Review was announced on 20 October 2013. It will be undertaken jointly by the
Ministry of Business, Innovation and Employment and the Office for Disability Issues. The review will
consider whether the current building regulatory system meets the needs of people with disabilities.
This is an important step towards improving the physical accessibility of buildings.
However, the IMM is concerned that proposals in the Building (Earthquake-prone Buildings)
Amendment Bill may undermine current accessibility requirements when upgrading buildings. This
proposed legislation will provide councils with the ability to grant exemptions for earthquake-prone
buildings in some circumstances.
Building a people-driven system
Building a people driven system is essential to ensuring that disabled people live with dignity.
Although this is a broad concept, it is particularly important when decisions are made regarding
access to disability assistance and support services.
All supports and services must be provided in a manner that promotes individual autonomy and
choice for disabled people to the greatest extent possible. People driven means: “I direct what
happens to me”. Service provision should not be driven by the needs of multiple agencies but by
disabled people themselves and their families.
The implementation of a comprehensive people driven model must remain a priority for the
Government. The IMM recognises that there has been progress in this area since the last report and
that building a people driven system can take time. Significant changes cannot occur overnight.
However, the IMM remains concerned that the roll-out of policies and practice is too slow. Many
current projects do not include representatives from DPOs; neither do they have disabled people or
their family members in leadership roles.
Violence and abuse
Violence, neglect and abuse directed at disabled people are ongoing concerns. They can occur in
people’s homes, places of work and education, and in residential settings. Abuse of this kind can be
hard to detect and disabled persons are particularly at risk of ongoing and sustained abuse over
extended periods of time. Abuse can take many different forms, including emotional, psychological,
physical or sexual abuse. Financial abuse is also an emerging issue of concern, particularly for older
disabled people. The IMM uses the term “abuse” to cover all the types of abuse referred to above,
as well as instances of neglect.
There is increasing awareness of the prevalence of violence and abuse within society generally.
However, the specific forms of abuse disabled people face require particular attention. These
include situations where people may have limited ability to verbalise or communicate what is
happening to them, or where they may be reliant on the abuser for day-to-day support and
assistance.
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