Discussion
Human rights and Te Tiriti framework
In Aotearoa New Zealand, Te Tiriti o Waitangi (Te Tiriti) provides a constitutional foundation upon
which the Crown’s human rights obligations rest. Together, te Tiriti and human rights are essential in
building an inclusive and legitimate response to national crises and ensuring the health and wellbeing
of disabled people and their whānau.
Te Tiriti establishes a continual and ongoing relationship between Tangata Whenua and the Crown.
It affirms the status of whānau, hapū and iwi as tangata whenua and recognises their pre-existing
rangatiratanga. It envisages a sharing of power and authority and a partnership of equals. Te
Tiriti requires the government to act in partnership with tāngata whenua (article 1), protect tino
rangatiratanga (article 2), advance equity for Māori (article 3) and enable Māori customary practices
and beliefs (oral article 4). Experience shows that when Crown authority (kāwanatanga) and iwi, hapū
and whānau tino rangatiratanga authority co-exist and work in partnership, effective responses can
be rolled out that protect all of us, including our most at risk communities.
A Tiriti-based approach is required when developing policy that impacts disabled people – an
approach that prioritises equity and ensures tāngata whaikaha Māori, as part of whānau, hapū and
iwi, are resourced and supported to participate in decision-making and to develop and implement
their own solutions.
In addition to its Te Tiriti commitments, the New Zealand government is bound in international law to
protect human rights. The Universal Declaration of Human Rights (UDHR), the International Covenant
on Economic Social and Cultural Rights (ICESR) and the International Covenant on Civil and Political
Rights and associated Optional Protocols (ICCPR) – collectively known as the International Bill of
Human Rights – provide the framework for the other international human rights treaties that protect
and affirm ensure the rights of particular population groups. These United Nations treaties include the
following, all of which have been ratified by the New Zealand Government:
•
Convention on the Rights of Persons with Disabilities (CRPD)
•
Convention on the Elimination of all Forms of Racial Discrimination (CERD)
•
Convention on the Elimination of Discrimination Against Women (CEDAW)
•
Convention on the Rights of the Child (CRC).
Domestically, the New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993 give effect to
many of these rights.
The New Zealand Government also supports the UN Declaration on the Rights of Indigenous People
(UNDRIP). The UNDRIP is the foremost international statement on the human rights of indigenous
peoples, affirming their rights to self-determination, participation in decision-making, equality and
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