also repeal legislative provisions that prevent family carers from lodging Human Rights Act discrimination complaints about policy decisions that affect them. This aspect implements a 2014 recommendation of the Committee on the Rights of Persons with Disabilities.85 70. However, the Commission notes that there remain a number of systemic gaps, particularly regarding children with neuro-disabilities.86 Prevalence is high, with approximately 10% of the school population estimated to have dyslexia, for example.87 The proportion of young people with neuro-disabilities in the youth justice system is estimated to be much higher based on prevalence in comparable countries.88 These issues will be addressed in more detail below.89 71. Foetal Alcohol Spectrum Disorder (FASD) is estimated among 3% of births or around 30,000 New Zealand children.90 However, FASD is yet to be recognised by the Ministry of Health as meeting its criteria for disability support and assessment services. Delegates to a recent conference to inform the development of a future Ministry of Health FASD Action Plan recommended, among other things, that FASD be granted this recognition to ensure that “children and young people who receive a diagnosis have a clear pathway for support under the umbrella of disability services.”91 Health outcomes with a socio-economic gradient 72. The Child Poverty Monitor Technical Report 2019 reports that Pacific children experienced consistently higher hospitalisation rates for medical conditions when compared to their peers of other ethnic groups.92 73. The report also recorded that respiratory system diseases had the steepest socio-economic gradient of all medical conditions and injuries experienced by children, noting that the hospitalisation rate for respiratory conditions was three times as high for children in areas with the highest deprivation compared with those living in areas with the lowest deprivation.93 Mental health 74. He Ara Oranga, Report of the Government Inquiry into Mental Health and Addiction was released in December 2019. Among its recommendations was to repeal and replace current compulsory assessment and treatment legislation with new legislation that takes a human rights-based approach, promotes supported decision-making, aligns with the recovery and wellbeing model of 85 CRPD/C/NZL/CO/1, 31 October 2014, para 10 Defined by the British Psychological Society to include “a wide range of specific neurodevelopmental disorders or conditions, with common symptoms including: muscle weakness, communication difficulties, cognitive delays, specific learning difficulties, emotional and behavioural problems and a lack of inhibition regarding inappropriate behaviour”. Neuro-disabilities includes intellectual disabilities; specific learning difficulties; communication disorder; Attention deficit hyperactivity disorder (ADHD); Autism spectrum disorders (ASD); Traumatic brain injury (TBI); Epilepsy; Foetal alcohol syndrome disorder (FASD).” See Lynch N, Neurodisability in the Youth Justice System in New Zealand: How Vulnerability Intersects with Justice, 2016, p 5 n 7, http://neurodisabilitiesforum.org.nz/wpcontent/uploads/2016/05/Neurodisabilities-Forum-2016-Report-1.pdf 87 Dyslexia Foundation of New Zealand, http://www.dyslexiafoundation.org.nz/info.html accessed September 2015 88 Lynch N, Neurodisability in the Youth Justice System in New Zealand: How Vulnerability Intersects with Justice, 2016, p7 89 Paragraphs 91-94 and 112 90 https://www.health.govt.nz/our-work/diseases-and-conditions/fetal-alcohol-spectrum-disorder 91 FASD Action Plan Hui: “What’s in the forecast?” Jet Park Conference Centre, Mangere, 18th April 2019, p 6, http://www.ahw.org.nz/Portals/5/Resources/Fannz%20documents/2019/FASD%20Action%20Plan%20Hui%2018_04 %20Feedback%20Summary.pdf 92 http://nzchildren.co.nz/ 93 http://nzchildren.co.nz/ 86 18

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