10
S e c t i o n ONE – G ENE RAL
full potential, particularly those of Mäori, Pacific heritage
participation in central and local government as a right
and people who are disabled. The Commission’s report
and a responsibility; on access to justice and on tackling
identifies incremental, but insufficient, progress. It notes
the drivers of crime; and on practical steps to ensure
that in some cases progress has halted or even reversed as
freedom of religion and belief in the workplace and
a consequence of the global economic recession.
other domains. The chapter on freedom of opinion and
expression introduces a new focus on human rights and
Violence
Violence, bullying and harassment are violations of the
most fundamental of human rights – security of the
person. Their persistence constitutes one of the most
difficult and intractable human rights challenges we face
in New Zealand.
Data
the Internet.
Economic, social and cultural rights, ‘Tikanga Öhanga,
Päpori me te Ahurea’, are assessed in Section 3. As well
as updating the 2004 assessment of the rights to health,
education, work and housing, Section three contains a
new chapter on the right to social security, a key element
of the right to an adequate standard of living.
While Human Rights in New Zealand 2010 has been
Section 4, ‘Tikanga Uepü’, focusses on seven specific
able to draw on a range of statistics and data to provide
groups of people who are particularly vulnerable to
empirical evidence to complement the legal and policy
human rights abuses and the effects of structural discrimi-
analyses, data is severely limited in relation to disabled
nation. The separate chapters on ‘Women’ and ‘Sexual
people and for sexual and gender minorities.
and Gender Minorities’ are new to the 2010 review.
What Human Rights in New Zealand 2010
covers
Each chapter introduces the specific right or topic,
summarises the international law and context, canvasses
the New Zealand legal and policy context, and then
The Commission assesses how well human rights are
assesses the situation in New Zealand against the relevant
recognised, respected and fulfilled against the civil and
standards. Each concludes with key areas for action to
political, economic, social and cultural rights proclaimed
progress the rights under consideration, which have been
in the Universal Declaration of Human Rights and as
identified following consultation with stakeholders and
enacted as international law in United Nations Covenants
members of the public.
and Conventions and in the International Labour Organisation’s fundamental labour standards.
This report updates Human Rights in New Zealand Today,
Ngä Tika Tangata O Te Motu, published in September
2004. It assesses progress against the priorities set
out in the New Zealand Action Plan for Human Rights
2005–2010. It draws on significant work undertaken
by the Human Rights Commission since 2005 and its
coverage extends beyond that of its 2004 predecessor.
The publication begins with a general section, ‘Tirohanga
Whänui’, introducing New Zealand’s human-rights
framework, which includes international human-rights
law and the Treaty of Waitangi. The chapter on human
rights and the Treaty of Waitangi is new. Section 1 also
covers race relations, demonstrating the centrality of
respect for human rights to harmonious relations.
Promoting and protecting human rights
today
In New Zealand human rights have never been protected
by a single constitutional document or superior legislation. Instead, as this report graphically illustrates, a raft
of disparate laws, policies and programmes provides
elements of protection. Similarly no single institution of
the State or government agency has sole or even primary
responsibility for the promotion and protection of human
rights.
Further, even where there are supportive laws and
policies, the extent to which people enjoy their human
rights in their everyday lives depends on the extent to
which those they come in contact with, whether family
members, whänau, neighbours, friends, work colleagues,
service providers or government officials, reflect basic
Section 2, ‘Tikanga Tangata me te Tikanga Törangapü’,
human-rights principles and values in their behaviour and
covers civil and political rights. The emphasis is on
practices.