non-discrimination, and distinct identity, culture and way of life. In its implementation, the Declaration requires States to give particular attention to the rights and special needs of indigenous persons with disabilities (Articles 22 and 23). The CRPD is aimed at promoting, protecting and ensuring the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and promoting respect for their inherent dignity. It states that disabled people have the same civil, political, economic, social and cultural rights as all other people and acknowledges the need for a specific focus on the rights of disabled people. It must be read in conjunction with all other human rights covenants and declarations. The CRPD sets out what is required for disabled people to attain equal enjoyment of all human rights. In particular, it recognizes that disabled people have a right of accessibility, on an equal basis with others, to enable them to live independently and participate fully in all aspects of life (Article 9), the right to live independently and be included in the community (Article 10), and the right to enjoyment of the highest attainable standard of health without discrimination on the basis of disability (Article 25). A central feature of the CRPD is that disabled people must be involved in its implementation and monitoring. It emphasises the importance of the autonomy and active involvement of disabled people in decision-making processes about policies and programmes, including those directly concerning them (preamble and Article 3). For tāngata whaikaha Māori, tino rangatiratanga is also implicit in Articles 3, 4 and 18 of UNDRIP. Background to this report The Inquiry into the support of disabled people during the Omicron outbreak10 was launched on 11 March 2022 by the Disability Rights Commissioner (the Commissioner). The Inquiry operates under Section 5(2)(h) of the Human Rights Act 1993.11 The Inquiry is a response to several questions raised in media and correspondence or communication with the Commissioner, about whether the rights of disabled people are being protected during the Omicron phase of Aotearoa’s COVID-19 pandemic response. This first stage of the Inquiry aimed to gather views rapidly from organisations12 on what they know about the impact of the Omicron outbreak and the easing of public health measures, on disabled people, their whānau and communities. The speed at which the Inquiry gathered information was necessary both to: • 14 Identify some areas for immediate action to improve the government response to Omicron, so that the rights of disabled people can be protected 10 Since mid-December, when the first case of the Omicron variant was detected in Aotearoa New Zealand. 11 Section 5(2)(h) of the Human Rights Act 1993 provides for the Human Rights Commission to inquire into matters that may involve the infringement of human rights. 12 In this report, the term organisation means community groups, networks, organisations or rōpū around their understandings of the current experiences of disabled people and their whānau, and community groups, networks, organisations or rōpū. Inquiry into the Support of Disabled People and Whānau During Omicron

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