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.
153
The Commission recommends that the Committee urges the Government to
consider whether the Domestic Violence Act 1995 and other legislations
provides sufficient protection for disabled people in community care situations
and if it doesn’t commit to amending it so as to apply; and
commit to tracking violence/domestic violence against people with disabilities
and educate the public as to the disability/violence nexus.
C
Intersex People
154
A surgical approach to deal with those presenting as ‘intersex’ (a label to describe
biological variety of anatomical conditions that do not fall within standard male and
female categories) became standard practice in the 1970s. Genital-normalising
treatment, involving both surgery and hormone therapy, is however often medically
unnecessary, not always consistent with the person’s gender identity, poses severe
risks for sexual and reproductive health and is often performed without free and
fully informed consent.
155
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 until children are able to
make their own full and informed decisions, this issue has not been directly
addressed by the New Zealand Government.
156
The Commission recommends that the Committee urge the Government to commit
to a programme of work over the next reporting period to:
improve the understanding around informed consent and the rights of
children and their parent(s), and ensuring that parents and competent
young people are made aware of the differing views about medical or
surgical interventions before making any decisions;
encourage the compulsory provision of training in relevant undergraduate
and postgraduate courses on appropriate medical responses to intersex
conditions; and
legislate against non-consensual surgical procedures on children aimed
solely at correcting genital ambiguity.
Page 42 of 93
Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR