HUMAN RIGHTS IN NEW ZEALAND 20 1 0 and security of person and the right not to be subjected • not to be deprived of life (section 8) to torture or cruel and unusual punishment, or to medical • not to be subjected to torture or cruel treatment or scientific experimentation without consent. Article 20 requires the prohibition of propaganda for war and the incitement of hostility or violence on the basis of national, racial or religious hatred. The CAT prohibits torture under any circumstances and (section 9) • not to be subjected to medical or scientific experimentation (section 10) • to refuse to undergo medical treatment (section 11). 13 requires states to take effective measures to prevent it. Despite the phrase “security of the person” appearing The OPCAT provides for regular visits by independent in the subheading of the BoRA, it does not reappear in bodies to places of detention in order to ensure the text of any of the rights set out in sections 8 to 11. compliance with the CAT. Consequently, the BoRA departs from the text of the The right of children to security of the person is specifically provided for in the UNCROC. 8 Women’s right to ICCPR, which requires states to guarantee “security of the person” in addition to the right to life and to freedom security of the person is referenced in CEDAW. 9 from torture, degrading treatment and experimentation. The CERD requires states to legislate against acts of person guaranteed in sections 8 to 11 of the BoRA are violence against any group on the basis of race, 10 and emphasises that the right to freedom from race discrimination is part of the enjoyment of the right to security of the person. 11 The CRPD requires states to protect the right to life, liberty and security of persons with disabilities on an equal basis with others. 12 It has been suggested that the rights to security of the more limited than a section which explicitly guaranteed the right to security of the person would be. Other relevant rights contained in the BoRA include rights in regard to the liberty of the person (section 22) and against unreasonable search and seizure (section 21). Section 7 of the BoRA provides an additional protection New Zealand context Kaupapa o Aotearoa for the individual against the State by requiring the Attorney-General to bring to the attention of the House of Representatives any provision within any proposed bill States must ensure the human rights of their nationals that is inconsistent with the rights contained in the BoRA. and others by taking positive measures to protect them. This process allows a means, albeit limited, of monitoring The New Zealand Bill of Rights Act 1990 (BoRA) specifi- and preventing state infringement of citizens’ rights. The cally includes a section entitled “life and the security of chapter on the right to justice examines the operation of the person”, which lists these rights: section 7 of the BoRA in more detail. 8 Article 11 of UNCROC seeks to combat the illicit transfer abroad and non-return of children, and Article 19 requires effective and appropriate measures to protect children from all forms of physical or mental violence. 9 Article 11(f) of CEDAW promises protection of health and safety in working conditions and safeguards the function of reproduction. The CEDAW Committee has commented that “Articles 2, 5, 11, 12 and 16 of the convention require the state parties to act to protect women against violence of any kind occurring within the family, at the workplace or in any other area of social life”. CEDAW Committee (1989), general recommendation 12: Violence against women. (8th Session). Accessed 22 November 2010 from http://www.un.org/womenwatch/ daw/cedaw/recommendations/recomm.htm The committee has also ruled that violence against women is a form of discrimination, reflecting and perpetuating women’s subordination, and requires states to eliminate violence in every sphere. CEDAW Committee (1992), general recommendation 19: Violence against women (11th Session: A/47/38). Accessed 22 November 2010 from http://www.unhchr.ch/tbs/doc.nsf/0/300395546e0dec52c12563ee0063dc9d?O pendocument 10 CERD, Article 4(b) 11 CERD, Article 5(b) 12 CRPD, Articles 10 and 14 13 In Cairns v James [1992] NZFLR 353, the Family Court found that section 11 of the BoRA allowed the plaintiff to refuse to provide blood for a paternity test. 109