PRISM: Human Rights issues relating to Sexual Orientation, Gender Identity and Expression, and Sex Characteristics (SOGIESC) in Aotearoa New Zealand - A report with recommendations amount to ill-treatment or torture.168 The United Nations High Commissioner for Human Rights has noted that judicial procedures “may constitute a disproportionate and unnecessary intrusion into the exercise of individual rights, particularly where a judge is asked to determine the validity of a person’s gender identity, which is a deeply personal and intimate matter.”169 The Births, Deaths, Marriages, and Relationships Registration Bill was introduced to Parliament in 2017. Recommendations made by the Select Committee in 2018 proposed changes to simplify the process of amending sex on birth certificates, bringing the process in line with existing domestic self-declaration processes.170 The Bill proposed moving beyond binary male and female options for sex, and removing requirements for an applicant to provide medical evidence or take part in a Family Court process. The Commission welcomed these proposed changes as they provided a meaningful step towards a rights-based model of self-determination, bodily integrity, and non-discrimination for the communities affected.171 In February 2019, the Minister responsible for the Bill deferred further progress citing insufficient public consultation.172 A subsequent update from her office noted that the Registrar General would waive the fees Children Children and young people are protected from discrimination based on gender identity under the United Nations Convention on the Rights of the Child.176 On this basis, the process of recognition should ensure young people also have access to legal recognition of their gender identity.177 The Office of the United Nations High Commissioner for Human Rights states that children should be allowed to use their own names and pronouns, International Covenant on Civil and Political Rights Human Rights Committee Concluding observations on the fourth report of Slovakia UN Doc CCPR/C/SVK/CO/4 (22 November 2016) at [14] and [15]; International Covenant on Civil and Political Rights Human Rights Committee Concluding observations of the Human Rights Committee: Ireland UN Doc CCPR/C/IRL/CO/3 (30 July 2008) at [8]; International Covenant on Civil and Political Rights Human Rights Committee Concluding observations on the fourth periodic report of Ireland UN Doc CCPR/C/IRL/CO/4 (19 August 2014) at [7]; International Covenant on Civil and Political Rights Human Rights Committee Concluding observations on the seventh periodic report of Ukraine UN Doc CCPR/C/UKR/CO/7 (22 August 2013) at [10]; International Covenant on Civil and Political Rights Human Rights Committee Concluding observations on the fourth periodic report of Korea UN Doc CCPR/C/KOR/CO/4 (3 December 2015) at [14] and [15]; Committee on the Elimination of Discrimination against Women Concluding observations on the combined fourth and fifth periodic reports of Switzerland UN Doc CEDAW/C/CHE/CO/4-5 (25 November 2016) at [38] and [39]; Concluding observations of the Committee on the Elimination of Discrimination against Women: The Netherlands UN Doc CEDAW/C/NLD/CO/5 (5 February 2010) at [46] and [47]; Committee against Torture Concluding observations on the fifth periodic report of China with respect to Hong Kong, China UN Doc CAT/C/CHN-HKG/CO/5 (3 February 2016) at [29(a)]. 169 Victor Madrigal-Borloz Report to the General Assembly by the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity UN Doc A/73/152 (12 July 2018) at [40]. 170 Births, Deaths, Marriages, and Relationships Registration Bill (296-2) (select committee report). 171 New Zealand Human Rights Commission “Birth certificate changes welcomed by takatāpui, trans and non-binary people” (press release, 10 August 2018). 172 Tracey Martin “Births, Deaths, Marriages, and Relationships Registration Bill to be deferred” (press release, 25 February 2019). 173 Tracey Martin “Government reduces barriers to changing birth registration” (press release, 1 August 2019). 174 Department of Internal Affairs “Working group for reducing barriers to changing registered sex” (2019) <https://www.dia.govt.nz/>. 175 New Zealand Human Rights Commission (26 February 2019) “The current system for amending gender on birth certificates is burdensome and harmful for trans, non-binary, and intersex people.” <https://www.facebook.com/NZHumanRightsCommission/>. 176 Committee on the Rights of the Child General comment No. 15 (2013) on the right of the child to the enjoyment of the highest attainable standard of health (art. 24) UN Doc CRC/C/GC/15 (17 April 2013) at [8]. 177 Victor Madrigal-Borloz Report to the General Assembly by the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity UN Doc A/73/152 (12 July 2018) at [39]. 168 32 associated with making an application, in order to reduce financial barriers.173 A working group of trans and intersex people, as well as medical and legal experts, was established for five months to provide advice to the Minister on how to further reduce barriers to amending sex markers in the current process.174 Removing the current Family Court requirement to allow people to amend the sex on their birth certificate through selfdetermination would require a change in the law, which lay outside the working group��s mandate. The working group produced a final report on their findings to the Minister at the end of their appointment, but no timeframes have been established for the resolution of the broader issues identified by the Minister. This further jeopardises the human rights of trans, non-binary, and intersex communities.175