Advancing human rights through the policy approach
It’s well known that human rights are underpinned
by binding national and international human rights
law. This legal attribute elevates human rights
above policies and other initiatives, but it also
leads to the serious misconception that human
rights are mainly about lawyers, courts, and
tribunals.
Another way to advance human rights is the policy
approach, which introduces human rights early in
the policy-making process. It helps officials design
and deliver effective, evidence-informed, equitable
policy objectives. By reinforcing robust and fair
policies, the policy approach helps to immunise
the government from legal and other challenge.
The policy approach to human rights is already
present to one degree or another in some
policy making in Aotearoa but, regrettably, the
introduction of human rights into policy processes
is often a late tick-box legal compliance exercise.
Also, some human rights are given attention, but
others are not, even when they are highly relevant.
In short, the current consideration of human
rights in policy processes is often late, patchy,
and perfunctory. By way of illustration, in May
2023, the government released 20 Cabinet and
other papers on emergency housing.13 Two of
the documents mention the New Zealand Bill of
14
Human Rights Commission
Rights Act 1990 and the Human Rights Act 1993,
one mentions the Human Rights Commission’s
human rights analysis of emergency housing, and
17 do not explicitly mention human rights at all.
Except for the paper that refers to the Human
Rights Commission’s analysis, none mentions the
right to a decent home or similar housing-rights
formulation.14
Of course, the released papers bear upon
important human rights issues such as
affordability, homelessness, and transparency,
but the absence of explicit human rights framing
is very unfortunate because the human rights
approach can help policy makers deliver their
objectives.
Also, the absence of explicit human rights framing
tends to mask human rights and drain power
away from rights holders to those in authority. The
absence of human rights language means only
those in authority know whether and when human
rights are being considered and, if they are, how
they are being interpreted and applied. Obviously,
this is very unsatisfactory.