New Zealand Human Rights Commission Submission to the CAT in relation to NZ’s 6th periodic review 98. A recent study53 focusing on violence against disabled people highlighted the hidden nature of much abuse directed against disabled people within the community. In addition to the physical, emotional and sexual abuse experienced by non-disabled people, “locked in” and “silencing” violence is often specifically directed at disabled people. 99. The report noted that it was reasonable to interpret the Domestic Violence Act 1995 as generally excluding people in employer/employee relationships, such as care workers, from the definition of a domestic relationship. The author continued:54 As such, it is not clear whether the Act adequately protects disabled people experiencing abuse in home-care/live-in support situations. There appears to be an uncertainty about the legal protection available to disabled people experiencing such abuse, and particularly emotional and psychological abuse. 100. The Commission recommends that the Government commit to reviewing the application of the Domestic Violence Act 1995 to disabled people in community care situations. Sterilisation 101. The consent of an intellectually disabled girl under the age of 18 is not required before sterilisation can be performed. The Care of Children Act 200455 provides that a minor’s guardians together with the 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.56 102. 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. 53 The Hidden Abuse of Disabled People Residing in the Community: An Exploratory Study, Roguski, M (18 June 2013) http://www.communityresearch.org.nz/wp-content/uploads/formidable/Final-Tairawhiti-Voicereport-18-June-2013.pdf. 54 Ibid. 55 56 Care of Children Act 2004 s36(1) Re X [1991] 2 NZLR 365 (HC) 39