Conversion Practices and
HumanRights
Conversion practices may also engage domestic and
international human rights laws and principles, such as:
•
The Human Rights Act 1993 (the right not to be
discriminated against based on sex and sexual
orientation)
•
The Bill of Rights Act 1990 (section 14, freedom
of expression; section 19, freedom from
discrimination)
•
The United Nations Declaration on the Rights of
Indigenous People (the right to identity, the right to
protection against destruction of culture, and the
right to future manifestations of culture)
•
The Code of Health & Disability Services
Consumers’ Rights (Right 2, services free from
coercion; Right 4, services of an appropriate
standard; Right 6, to be fully informed; Right 7, to
give informed consent).
•
Te Tiriti o Waitangi (see below)
Takatāpui and a Tiriti-led
inclusive society
Takatāpui is a term used by some Māori that identify with a minority sexual orientation, gender
identity or sex characteristics. The term has been reclaimed and expanded from its original
meaning, which was “intimate companion of the same sex”.xvi
Takatāpui were traditionally accepted and valued
members of hapū (extended family). However, this
acceptance changed with the impact of colonisation
and the introduction of Christianity. Today, memories
of takatāpui preserved in pūrākau (traditional
narratives), waiata (songs) and carvings are being
rediscovered and shared.
Te Tiriti o Waitangi protected self-determination
for Māori and religious and spiritual equality for all,
including takatāpui Māori, as follows:
44
•
Article 2 provides tino rangatiratanga to iwi or the
right to exercise authority over taonga
•
Article 3 provides equality of access to protection
by the Crown
•
Article 4 (oral) guaranteed freedom of religious and
spiritual customs, which should have protected the
ongoing roles of takatāpui in the spiritual life of the
community.xvii
Alongside takatāpui Māori, Pacific peoples and several
ethnic communities have also historically embraced
diverse genders and sexualities. For example,
MVPFAFF+ identities are indigenous identities across
the Pacific that have unique histories and places in
society.
Article 4 rights (the oral Article of Te Tiriti) apply to
all peoples within Aotearoa and are also supported in
the New Zealand Bill of Rights Act 1990 (NZBORA).
New Zealand laws offer specific protection to these
communities, for example by protecting their rights as
minorities to enjoy their culture (article 20 NZBORA).
Survivors with indigenous LGBTQIA+ identities, such
as MVPFAFF+, may require additional cultural support
to access and experience these rights and protections.
Practitioners may need to upskill to effectively support
people or refer them for appropriate additional
support.
Conversion Practices Guidance for medical healthcare professionals