Children – Article 7
Children with disabilities can be especially vulnerable to poor outcomes. We understand
children with disabilities are significantly over represented in the care and protection
population in State Care.15
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Historic cases of abuse – Article 7
Many New Zealanders who were placed in government institutions suffered sexual, physical
and psychological abuse. Of these people, people with disabilities were overrepresented.
A recent report from the Donald Beasley Institute concluded that people with learning
disability were subjected to systemic abuse in institutions, care homes, educational facilities,
and foster homes in New Zealand between 1950 and 1992.16
Allegations of abuse in State care are dealt with through a variety of mechanisms. These
include the:
a.)
existing social security regime.
b.)
Accident Compensation framework.
c.)
Ministry of Social Development’s Historic Claims process.
d.)
Courts (to a very limited degree).
The IMM notes the Ministry of Social Development’s Historic Claims processes (which may
provide individuals who chose to engage with them a remedy). However, the IMM is concerned
that existing processes do not enable examination of underlying systemic questions and
therefore do not ensure that events like this are prevented from occurring in the future.
The IMM believes that several things need to happen to address Historic cases of abuse in
State Care, namely:
a.)
The voices of those abused need to be heard and the ongoing impact the events have
had on their lives understood and officially acknowledged.
b.)
Prompt and impartial investigation and redress processes need to be considered to
establish whether there were any systemic failings of past governments.
c.)
The impact on disabled people (including those with intellectual disabilities) and Māori
must be identified and recognised. Lessons need to be learned from the past and action
taken to prevent future abuse.
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15
https://www.msd.govt.nz/documents/about-msd-and-our-work/work-programmes/cyfmodernisation/cabinet-paper-modernising-cyf-expert-panel-interim-report.pdf
16
Mirfin-Veitch, B. & Conder, J. (2017). “Institutions are places of abuse”: The experiences of disabled
children and adults in State care. Dunedin: Donald Beasley Institute.
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