22 The rainbow community includes people with a diverse sexual orientation, gender identity and expression, and sex characteristics. In 2020 the Human Rights Commission published PRISM: Human Rights issues relating to Sexual Orientation, Gender Identity and Expression, and Sex Characteristics (SOGIESC) in Aotearoa New Zealand. This report referenced the disadvantage of rainbow communities, including homelessness. 23 See International human rights perspectives on Ihumātao, a report published by the New Zealand Human Rights Commission, 2019. 24 Lifemark website. 25 End of Mission Statement, Visit of the Special Rapporteur on the right to adequate housing to New Zealand Leilani Farha, Wellington, 19 February 2020, paragraphs 62-64, and UN Committee on Economic, Social and Cultural Rights Concluding observations on the fourth periodic report of New Zealand, 1 May 2018, E/C.12/NZL/CO/4 paragraph 40. 26 The legislation already references Te Tiriti o Waitangi at section 11(1)(b). 27 Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights. 28 For example, article 2(1), International Covenant on Economic, Social and Cultural Rights. Article 21, United Nations Declaration on the Rights of Indigenous Peoples adopts similar language. 29 For example, General Comment 3, UN Committee on Economic, Social and Cultural Rights, in E/1991/23. 30 Human rights indicators: A guide to measurement and implementation, OHCHR, UN, 2012. 31 Although the United Nations recognises the importance of these core obligations, it does not set out these obligations in detail, so it is open to Aotearoa to elaborate what core obligations mean in its national context. 32 “Thus, for example, a State party in which any significant number of individuals is deprived of … basic shelter and housing, … is, prima facie, failing to discharge its obligations under [international human rights law]. If [international human rights law] … were to be read in such a way as not to establish such a minimum core obligation, it would be largely deprived of its raison d’être.” General Comment 3, UN Committee on Economic, Social and Cultural Rights, in E/1991/23. 33 Principles and guidelines for a human rights approach to poverty reduction strategies, OHCHR, HR/ PUB/06/12. 34 For example, in relation to the prohibition against torture, inhuman and degrading treatment, the obligation to respect means guards must not torture detainees in state prisons; the obligation to protect means the government must regulate private security guards so they do not abuse their powers; the obligation to fulfil means the government must take steps (e.g. build prisons) so that prisoners live in decent, humane conditions of detention. The respect, protect and fulfil obligations apply to most human rights, including the right to a decent home. 35 The human rights obligations to respect, protect and fulfil are concurrent, not consecutive. 36 Paragraphs 11-12, Guiding principles on business and human rights: Implementing the United Nations ‘Protect, Respect and Remedy’ framework, Paras 11-12 (Ruggie Principles), A/HRC/17/31. Appendices 49