a family relationship within the community. In addition to the physical, emotional and
sexual abuse experienced by non-disabled people, “locked in” and “silencing”
violence is often specifically directed at disabled people.
117.
The report noted that it was reasonable to interpret the Domestic Violence Act 1995
as generally excluding people in employer/employee relationships, such as care
workers, from the definition of a domestic relationship. The author continued:86
As such, it is not clear whether the Act adequately protects disabled people
experiencing abuse in home-care/live-in support situations. There appears to be an
uncertainty about the legal protection available to disabled people experiencing such
abuse, and particularly emotional and psychological abuse.
118.
The Committee may wish to consider including the following questions in its List
of Issues for the New Zealand:
What steps is the government taking to ensure that the Domestic Violence
Act 1995 applies to disabled people in community care?
How will the government specifically track violence/domestic violence
against people with disabilities and educate the public as to the
disability/violence nexus?
D.
Transgender women
119.
In 2015, there were anecdotal reports regarding the human rights abuses and
discrimination of transgender women87 including rape, violence and threats of violence
for inmates in prison88 and an apparent lack of understanding from the judiciary
regarding gender identity issues.89
120.
Genital-normalising treatment, involving both surgery and hormone therapy, occurs in
New Zealand. Concerns have been raised with the Commission that it is often not
medically necessary, not always consistent with the person’s gender identity, can pose
severe risks for sexual and reproductive health and is often performed without free and
fully informed consent. Section 240A of the Crimes Act 1961 criminalises surgery on
the female genitalia of any person, in certain situations. Despite international
developments regarding the prohibition of surgical genital normalising interventions
86
Ibid.
Anna Leask, “Details of trans discrimination in New Zealand Revealed, 2 July 2015,
http://m.nzherald.co.nz/lifestyle/news/article.cfm?c_id=6&objectid=11474211 (accessed 13 January 2015).
88 David Fisher, “Possible changes to system after transgender inmate's alleged rape” 7 October 2015
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11524653 (accessed 13 January 2016).
89 GAYNZ, “Judge says transwoman’s identity is a “lifestyle choice,” 14 October 2015,
http://www.gaynz.com/articles/publish/2/article_17420.php (accessed 13 January 2016).
87
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