Submission of the New Zealand Human Rights Commission to the 18 th session of the Human Rights Council; New Zealand’s Second Universal Periodic Review. 55. The Ministry of Health has advised that it will undertake discussions with these DHB’s. It has also advised that it is currently reviewing its seclusion guidelines. Freedom from violence and abuse (art. 16) 56. Work continues to ensure government funded domestic and anti-violence programmes in New Zealand are provided in a way that supports disabled people and caters for their needs. The government in its response to the LOI has highlighted some of the key recent developments. 57. A recent study focusing on violence against disabled people highlighted the hidden nature of much abuse directed against disabled people 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. 58. 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:22 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. 59. To date, there has only been limited acknowledgement of historic abuse and violence against disabled people that occurred in social welfare homes and institutions for people with learning disability or mental illness. Part of ensuring the safety and wellbeing of disabled people today and tomorrow is to ensure that these mistakes are made visible and that lessons are learned.23 The Commission encourages the government to acknowledge historic abuse and the ongoing detrimental impact it has had on the lives of disabled people who were under state care. It is important that an apology accompany this acknowledgement. Sterilisation 60. As the government has noted in its response to the LOI, the consent of an intellectually disabled girl under the age of 18 is not required before sterilisation can be performed. The Care of Children Act 200424 provides that a minor’s guardians together with the 22 The Hidden Abuse of Disabled People Residing in the Community: An Exploratory Study, Roguski, M (18 June 2013) http://www.communityresearch.org.nz/wp-content/uploads/formidable/Final-Tairawhiti-Voicereport-18-June-2013.pdf. 23 Ibid, p 49. 24 Care of Children Act 2004 s36(1) 14