clinicians in the health sector.192 Hui participants
spoke of the legacy of distrust they have towards
the medical profession, and experiences of
avoiding necessary healthcare.193 As noted by
the World Health Organization, “[e]xcluding
anyone from accessing needed health services
results in preventable ill health.”194 For people
with a diverse sexual orientation, gender identity
and expression, or sex characteristics, health
professionals are often not the trusted authorities
they are supposed to be, but a source of anxiety,
stress, and trauma.195 This was particularly a
concern for the disabled SOGIESC-diverse people
the Commission spoke with.
This distrust stems from an inadequate
understanding of the unique experiences and
health needs of people with a diverse SOGIESC.196
Practitioners and healthcare providers may not
hold accurate or contemporary knowledge about
providing sensitive medical care, or may lack
specific training on the needs of SOGIESC-diverse
people.197 This deters these communities from
seeking essential healthcare services.198
Aged care
There are distinct health-related issues facing
older adults with a diverse SOGIESC. During a
community consultation with older adults in 2019,
issues were raised with the Commission about
discrimination against this group. Participants
provided examples of same sex partners being
separated in residential care and pressure put
on older trans people to transition back.199 With
a growing ageing population, New Zealand’s
aged care facilities must consider diversity in
their clients’ SOGIESC, including how personal
care needs are met and end-of-life decisions are
made.200
Privacy also plays a significant role in the wellbeing
and lives of older adults with a diverse SOGIESC.201
Consistent with New Zealand research,202 the
attitudes of some aged care workers can result
These experiences are likely related to the fact that New Zealand’s undergraduate medical school curricula do not include
compulsory SOGIESC topics. Crowded curriculums are cited as a barrier, and education directors are constantly having to triage
the information taught in the syllabus. See, for example, Gloria Fraser Queer and trans experiences of accessing mental health
support in Aotearoa: Summary of findings for participants and community advisors (Victoria University of Wellington, Wellington, June
2018).
The 2010 Trans Pulse survey found that in Ontario, Canada, 21% of trans patients avoid accessing emergency medical services due
to fear of transphobia. See Greta Bauer and Ayden Scheim Transgender people in Ontario, Canada: Statistics from the Trans PULSE
Project to inform human rights policy (Trans PULSE Project, London, Ontario, 2015); see also Terryann Clark and others “Youth’12
Overview: The health and wellbeing of New Zealand secondary school students in 2012” (University of Auckland, Auckland, 2013).
193
Auckland, Wellington, and Christchurch stakeholder engagement meeting notes are publicly available. See New Zealand Human
Rights Commission “Universal Periodic Review” <https://www.hrc.co.nz/international-reporting/universal-periodic-review/>.
194
World Health Organization Sexual health, human rights and the law (Geneva, 2015) at 29.
195
Gloria Fraser Supporting Aotearoa’s rainbow people: A practical guide for mental health professionals (Youth Wellbeing Study and
RainbowYOUTH, Wellington, 2019) at 20; Ahi Wi-Hongi, Adeline Greig and Evan Hazenberg “Towards a model of informed consent:
Trans healthcare in Aotearoa New Zealand” in Evan Hazenberg and Miriam Meyerhoff (eds) Representing Trans (Victoria University
of Wellington, Wellington, 2017).
196
RainbowYOUTH and We Are Beneficiaries OutLoud Aotearoa: Sharing the stories and wishes of queer, gender diverse, intersex,
takatāpui, MVPFAFF and rainbow communities around Aotearoa’s mental health and addictions services (RainbowYOUTH, Auckland,
2018); Gloria Fraser Queer and trans experiences of accessing mental health support in Aotearoa: Summary of findings for participants
and community advisors (Victoria University of Wellington, Wellington, June 2018).
197
Oscar Taylor, Charlene Rapsey and Gareth Treharne “Sexuality and gender identity teaching within preclinical medical training in
New Zealand: Content, attitudes and barriers” (2018) 131 New Zealand Medical Journal p35.
198
Youth’12 data showed same-sex attracted youth were less likely to be able to see a doctor when they needed, not wanted to,
compared with heterosexual youth (35% versus 18%), with similar figures for trans versus non-trans youth (39% compared to 18%
non-trans youth). Counting Ourselves data showed 36% of participants had avoided seeing a doctor when they needed to because
they were worried about being mistreated as a trans or non-binary person. 20% of participants reported that this had happened
in the past 12 months.
199
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/74/181 (17 July 2019) at [46].
200
The Royal Australian & New Zealand College of Psychiatrists “Position statement: Recognising and addressing the mental health
needs of the LGBTIQ+ population” (position statement, September 2019).
201
J. Latham and C. Barrett “As we age”: An evidence-based guide to intersex inclusive aged care (Australian Research Centre in Sex,
Health and Society, La Trobe University, Melbourne, October 2015).
202
Stephen Neville and others “Perceptions towards lesbian, gay and bisexual people in residential care facilities: A qualitative study”
(2014) 10 International Journal of Older People Nursing p73.
192
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