116 S e cti o n T w o – c iv il and politi cal rights abuse or neglect, as well as substantiated cases of child abuse, have been increasing. 38 a person aged 65 or more experiences harmful physical, psychological, material/financial and/or social effects as The Government’s response to the recommendations arising from the Universal Periodic Review included a commitment to reducing violence within families and a result of another person’s failing to perform behaviours which are a reasonable obligation of their relationship to the older person/koroua/kuia and are warranted by the its impact on children. 39 One of the Government’s key unmet needs of the older person/koroua/kuia. 42 responses to the impact of violence on children and Bullying and violence in schools young people has been the establishment of a cross- Bullying and violence continues to be a major concern sectoral Taskforce for Action on Violence within Families in New Zealand schools. New Zealand has high levels (‘the Taskforce’). The Taskforce has now prioritised a of student-to-student and student-to-teacher physical separate programme of action, focussed on prevention of and emotional bullying in schools, compared with other child maltreatment and neglect. countries. In 2008, New Zealand was ranked second The chapter on the rights of children and young people worst among 37 countries for bullying in primary schools. considers the security of children in more detail. The chapter on the right to education considers security in schools in more detail. Older people Older people make up a significant and growing propor- Compulsory medical assessment or treatment tion of the population in New Zealand. Like all citizens, The Mental Health (Compulsory Assessment or Treatment) they have their rights protected through generic protec- 1992 Act (MH(CAT)) provides for the compulsory assess- tive legislation, such as the HRA and the Protection of ment and treatment of people affected by mental Personal and Property Rights Act 1988, and through speci- disorders. This is an example of an exception to the fic health, social security and consumer laws. right to refuse to undergo medical treatment contained Most older people have the same capacity to protect their in section 11 of the BoRA and Article 7 of the ICCPR. personal rights and interests as younger adults. However, In recognition of the gravity of such an exception, the Age Concern New Zealand reports that abuse or neglect MH(CAT) Act sets out an extensive procedural and is experienced by 4 to 5 per cent of the older population. substantive framework for the circumstances in which During the period 1 July 2004 to 30 June 2006, 944 this can occur. Some debate continues on the wider moral cases of elder abuse and/or neglect were referred to and ethical implications of compulsory treatment. 43 Age Concern New Zealand Elder Abuse and Neglect Under current legislation, a person could be ordered to Prevention Services. 40 undergo electroconvulsive treatment (ECT) by a psychia- Elder abuse occurs when a person aged 65 or more trist without consent. The Health and Disability Commis- experiences harmful physical, psychological, sexual, sioner and the Human Rights Commission have stated that material/financial and/or social effects caused by the the use of ECT should be banned for children and never behaviour of another person with whom they have a used without informed consent in other cases, unless it is relationship implying trust. 41 Elder neglect occurs when the only option. 38 It could be argued that this is attributable to the increase in public awareness of violence in families and its impact on children and young people. 39 Response of the Government of New Zealand to Recommendations in the Report of 11 May 2009 of the Working Group on the Universal Periodic Review, A/HRC/12/8/Add.1, 7 July 2009 40 Age Concern (2007), Elder Abuse and Neglect Prevention: Challenges for the Future (Wellington: Age Concern). Accessible online at http:// www.ageconcern.org.nz/files/file/EANP-report2007.pdf 41 Age Concern New Zealand (1992). Promoting the Rights and Well-being of Older People and Those who Care for Them: A resource kit about elder abuse and neglect (Wellington: Age Concern). 42 ibid 43 The rights of patients when being compulsorily treated are discussed further in the chapter on the rights of people who are detained.