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.
3
building a people driven system
4
violence and abuse
5
education.
The first part of the report also highlights four more specific matters of concern. These include the
passing of the New Zealand Public Health and Disability Amendment Act 2013. This legislation means
people are no longer able to pursue complaints of unlawful discrimination in relation to the
Government’s family care policy. The other three issues are the reliance on substituted decisionmaking, serious health outcomes for disabled people and the impact of sections of the Children
Young Persons and Their Families Act 1989 on the rights of disabled children. The IMM partners trust
the report will act as a powerful catalyst for change that will lead to further improvements in the
daily lives of people with disabilities.
This summary version describes the Disability Convention monitoring process and sets out the
IMM’s conclusions and its key recommendations. It also lists all the recommendations contained in
the full report.
This summary and the full report are available to download from the Human Rights Commission’s
website at: www.hrc.co.nz/makingdisabilityrightsreal
The Disability Convention and the
Independent Monitoring Mechanism
New Zealand signed the Disability Convention on 30 March 2007 and ratified it on 26 September
2008. Its introduction followed decades of work to change attitudes and approaches towards people
with disabilities. Instead of considering people with disabilities as "objects" of charity, requiring
medical treatment and social protection, disabled people are viewed as "subjects" with rights. This
recognises the right of disabled people to make free and informed decisions about their own lives.
The Convention is a human rights instrument with an explicit social development dimension. It
reaffirms that all people, living with all types of disabilities, must enjoy the full range of human rights
and fundamental freedoms. The Convention describes in practical terms how the rights of disabled
people can be achieved.
Six months after New Zealand signed the Disability Convention, the United Nations General
Assembly adopted the Declaration on the Rights of Indigenous Peoples (UNDRIP). New Zealand
expressed its support for UNDRIP in April 2010. While the declaration itself is not binding, many of
the provisions reflect obligations set out in ratified conventions or covenants. The Disability
Convention shares some common underlying human rights principles with both the Treaty of
Waitangi and UNDRIP. These include the importance of partnership, autonomy, close consultation
and full and effective participation.
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