prejudices or the prejudices of the people around
them.”103 Yogyakarta Principle 19 (f) stipulates that
States shall “[e]nsure that all persons, regardless
of sexual orientation or gender identity, enjoy
equal access to information and ideas, as well as
to participation in public debate.” 104
It is difficult to prove a problem exists when there
are no numbers to support this. Without accurate
baseline data on SOGIESC-diverse communities,
there can be no robust analysis of the scope or
nature of the challenges faced, nor measures
put in place to alleviate those challenges.105
This is considered to be one of the key factors
underpinning why people with diverse sexual
orientations, gender identities and expressions,
or sex characteristics have largely been omitted
from funding, planning, and responses until
the first recognition in a national Budget in May
2019.106 One recent example of this exclusion is
the report of the Government’s Mental Health
and Addictions Inquiry, He Ara Oranga, which did
not specifically address the needs of people with
diverse sexual orientations, gender identities
and expressions, and sex characteristics in its
recommendations.107 This was despite an indepth and lengthy submission signed by multiple
SOGIESC organisations on the issues these
populations face.108 Without the collection of
statistics, appropriate budgets cannot be allocated
or prioritised to deal with key issues affecting these
populations, such as the rates of youth suicide.109
ABSENCE OF EVIDENCE
IS USUALLY CONSIDERED
EVIDENCE OF ABSENCE
Collection of official statistics
Internationally, the field of gender and sex
data collection is a new and developing area.110
Measurement challenges are not unique to
New Zealand, with many other Statistical Offices
around the world grappling with similar issues.111
In the English language, “gender” is often used
interchangeably with “sex,” complicating data
collection. Further, while “sex” is limited, sex
characteristics – distinct from gender – is a
broader and more precise term used in human
rights discourse and by the United Nations.
Cultures throughout the Pacific region recognise
and accept gender diversity that Western societies
largely do not. Indigenous identities which
sit outside of a Western framework of sexual
orientation, gender identity and expression,
and sex characteristics are usually not counted
at a population level, resulting in suppression
and erasure. While statistical standards may
acknowledge that these identities exist, they are
still classified in a Western way. This restricts
non-Western SOGIESC-diverse people from
understanding themselves within their cultural
context and terminology and paints all SOGIESCdiverse individuals as culturally monolithic.
Victor Madrigal-Borloz Report to the Human Rights Council by the Independent Expert on protection against violence and discrimination
based on sexual orientation and gender identity UN Doc A/HRC/41/45 (14 May 2019) at [71].
104
The Yogyakarta Principles plus ten: Additional principles and state obligations on the the application of international human rights law
in relation to sexual orientation, gender identity, gender expression and sex characteristics to complement the Yogyakarta Principles
(Geneva, 2017) at 21.
105
Victor Madrigal-Borloz Report to the Human Rights Council by the Independent Expert on protection against violence and discrimination
based on sexual orientation and gender identity UN Doc A/HRC/41/45 (14 May 2019) at [20].
106
Moira Clunie and others Rainbow communities, mental health and addictions: A submission to the Government Inquiry into Mental
Health and Addiction (2018); Te Tai Ōhanga – The Treasury “The Wellbeing Budget 2019” (30 May 2019).
107
He Ara Oranga: Report of the Government Inquiry into Mental Health and Addiction (4 December 2018). The report mentions the word
‘rainbow’ only 28 times across 219 pages.
108
Moira Clunie and others Rainbow communities, mental health and addictions: A submission to the Government Inquiry into Mental
Health and Addiction (2018).
109
Suicide Mortality Review Committee Ngā Rāhui Hau Kura: Suicide Mortality Review Committee Feasibility Study 2014–15. Report to the
Ministry of Health, 31 May 2016 (Suicide Mortality Review Committee, Wellington) at 88. The Suicide Mortality Review Committee
individually reviewed each suicide death of rangatahi Māori between 2007 and 2011. Issues related to sexuality were significant in
at least 7.2% of deaths, however this figure is likely to be an under-representation of SOGIESC diversity being a factor in rangatahi
Māori suicide.
110
Economic Commission for Europe: Conference of European Statisticians In-depth review of measuring gender identity: Note by
Canada and the United Kingdom UN Doc ECE/CES/2019/19 (9 April 2019) at [3] and [80].
111
Economic Commission for Europe: Conference of European Statisticians In-depth review of measuring gender identity: Note by
Canada and the United Kingdom UN Doc ECE/CES/2019/19 (9 April 2019).
103
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