the Office of the Children’s Commissioner reported that many of the students who participated in
the survey had experienced racism at school.33
31.
Disabled children experience significantly worse socio-economic outcomes than non-disabled
children. Stark disparities exist across social indicia. For example, disabled children are more likely
to live in low-income households34 and in overcrowded inadequate housing conditions;35 and are
more likely to experience violence and abuse.36
32.
Disabled young people are also more likely to be excluded from education and employment. Stats
NZ data shows a NEET (Not in Employment, Education or Training) rate for disabled young people
of 34.9 percent, more than three times the rate for non-disabled youth.37 There is a probable
correlation with youth justice outcomes, where the prevalence of neuro-disability has been
estimated at between 50 and 75 percent.38
33.
Recent legislative reforms have focused on addressing these disparities. The 2018 amendments to
the Children’s Act 2014 require the Minister for Children to report on achievements under the Child
and Youth Wellbeing Strategy for, specifically, Māori and Pacific children, disabled children, and
children with a disabled parent, guardian, or caregiver.39
Countering hate speech and online extremism
34.
The attack by a white supremacist on two Christchurch mosques on 15 March 2019 left 51
worshippers dead, including young children. It highlights deep challenges for human rights in New
Zealand, including the human rights of New Zealand’s increasingly diverse child and youth
population. The atrocity cast a spotlight on the existence, fermentation and dissemination of
discrimination and hatred in New Zealand, particularly in the online environment where children
and young people are vulnerable to being exposed to harmful information.
35.
The government has launched several initiatives in the aftermath of the attacks, including a Royal
Commission of Inquiry, the international “Christchurch Call” initiative to counter online extremism,
and a review of New Zealand’s laws on hate speech. In October 2019 the Department of Internal
Affairs held community workshops, including specific workshops with young people, to get feedback
on proposed changes to New Zealand’s online classifications and harmful digital communications
laws.40
36.
To date, the Ministry of Justice review of the Human Rights Act 1993 provisions regarding incitement
of racial disharmony (commonly referred to as New Zealand’s hate speech law) is not yet complete.
In December 2019, the Human Rights Commission published an overview of the domestic and
international legal frameworks regarding hate speech in order to assist current dialogue on the
issue.41
33
https://www.occ.org.nz/assets/Uploads/OCC-STA-Education-Matters-to-Me-Key-Insights-24Jan2018.pdf
Wynd D, It shouldn’t be this hard – children, disability and poverty, Child Poverty Action Group, 2015, p 3
https://www.cpag.org.nz/assets/150317ChildDisability.pdf
35
https://www.stats.govt.nz/reports/disability-and-housing-conditions-2013, p 5
36
https://nzfvc.org.nz/disabled-people
37
This data is up to the June 2019 quarter: https://www.stats.govt.nz/information-releases/labour-market-statisticsdisability-june-2019-quarter
38
https://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=12107909
39
Children Act 2014, sections 7B and 7C
40
See at paragraph 51 below.
41
Human Rights Commission, Kōrero Whakamauāhara: Hate Speech – An overview of the current legal framework.
December 2019 https://www.hrc.co.nz/files/2915/7653/6167/Korero_Whakamauahara_Hate_Speech_FINAL_13.12.2019.pdf
34
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