a family relationship within the community. In addition to the physical, emotional and sexual abuse experienced by non-disabled people, “locked in” and “silencing” violence is often specifically directed at disabled people. 117. The report noted that it was reasonable to interpret the Domestic Violence Act 1995 as generally excluding people in employer/employee relationships, such as care workers, from the definition of a domestic relationship. The author continued:86 As such, it is not clear whether the Act adequately protects disabled people experiencing abuse in home-care/live-in support situations. There appears to be an uncertainty about the legal protection available to disabled people experiencing such abuse, and particularly emotional and psychological abuse. 118. The Committee may wish to consider including the following questions in its List of Issues for the New Zealand:  What steps is the government taking to ensure that the Domestic Violence Act 1995 applies to disabled people in community care?  How will the government specifically track violence/domestic violence against people with disabilities and educate the public as to the disability/violence nexus? D. Transgender women 119. In 2015, there were anecdotal reports regarding the human rights abuses and discrimination of transgender women87 including rape, violence and threats of violence for inmates in prison88 and an apparent lack of understanding from the judiciary regarding gender identity issues.89 120. Genital-normalising treatment, involving both surgery and hormone therapy, occurs in New Zealand. Concerns have been raised with the Commission that it is often not medically necessary, not always consistent with the person’s gender identity, can pose severe risks for sexual and reproductive health and is often performed without free and fully informed consent. Section 240A of the Crimes Act 1961 criminalises surgery on the female genitalia of any person, in certain situations. Despite international developments regarding the prohibition of surgical genital normalising interventions 86 Ibid. Anna Leask, “Details of trans discrimination in New Zealand Revealed, 2 July 2015, http://m.nzherald.co.nz/lifestyle/news/article.cfm?c_id=6&objectid=11474211 (accessed 13 January 2015). 88 David Fisher, “Possible changes to system after transgender inmate's alleged rape” 7 October 2015 http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11524653 (accessed 13 January 2016). 89 GAYNZ, “Judge says transwoman’s identity is a “lifestyle choice,” 14 October 2015, http://www.gaynz.com/articles/publish/2/article_17420.php (accessed 13 January 2016). 87 30

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