ensure that they are punished according to the gravity of their acts; and provide effective remedies and redress to victims.” 34. The Commission also continues to be 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. 35. The Commission believes that – in addition to prompt and impartial investigation and redress processes - there are several things that need to happen to address Historic cases of abuse in State Care, namely: • The voices of those abused needs to be heard and the ongoing impact the events have had on their lives understood and officially acknowledged • A public apology needs to be provided to all those affected, including an apology for any systemic failings of past governments • The impact on disabled people (including those with intellectual disabilities) and Māori must be identified and recognized • Lessons need to be learned from the past and action taken to prevent future abuse INTERSEX ISSUES 36. Intersex Trust Aotearoa New Zealand (“ITANZ”) has made a submission to the Committee in relation to its LOIPR for New Zealand. The Commission fully supports this submission. 37. In 2016, the Committee on the Rights of the Child made the following recommendations in relation to New Zealand’s fifth periodic report:13 • Design and implement a child rights-based health-care protocol for intersex children, setting procedures and steps to be followed by health teams, ensuring that no one is subjected to unnecessary medical or surgical treatment during infancy or childhood, guaranteeing the right of children to bodily integrity, autonomy and self-determination and provide families with intersex children with adequate counselling and support • Promptly investigate incidents of surgical and other medical treatment of intersex children without informed consent and adopt legal provisions to provide redress to victims of such treatment, including adequate compensation 13 Committee on the Rights of the Child, Concluding observations on the fifth periodic report of New Zealand, CRC/C/NZL/CO/5, 21 October 2016. 13

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