expression or protection. For example, while aspects of social and economic rights are
addressed in New Zealand through some legislation, at present economic social and
cultural rights are not recognised as fundamental, justiciable rights.96
134.
A recent research project97 evaluating the implementation of international human rights
treaties in New Zealand provides a good analysis of the status of ICESCR domestically.
The report found that:98
Successive governments have argued that New Zealand’s commitments under
ICESCR have been realized by devising and developing administrative systems,
policies and legislation to implement the obligations under the Convention and
relied on public policy expressed through general Acts of Parliament such as
the Education Act 1989, New Zealand Public Health and Disability Act 2000,
Social Security Act 1964 and the Housing Corporation Act 1974 for compliance
with ICESCR.
In effect New Zealand has argued the best way to implement ESCR obligations
is through the establishment of a legislative and policy framework that sets a
standard for all citizens to access ESCR. There is, however, no explicit
reference to ESCR in Cabinet policy making or legislation.
135.
The report concluded that unless economic, social and cultural rights are incorporated
within a statutory framework it will be difficult to enforce the implementation of
ICESCR obligations. The authors considered that:99
The primary means for doing so will remain ensuring public policy and
legislation reflect the international obligations although explicit reference to
ICESCR in the Cabinet Manual would ensure greater attention is given to ESC
obligations during the policy making process. Greater information and
knowledge of ICESCR amongst NGOs and the community would increase the
level of awareness of the ICESCR and expectations that Governments take
active steps to implement these obligations.
136.
In 2013 the Constitutional Review Panel released its final report. In that report it
recommended that the government:
Sets up a process, with public consultation and participation, to explore in more
detail the options for amending the [New Zealand Bill of Rights Act 1990] to
improve its effectiveness such as:
-
Adding economic, social and cultural rights…
96
In the absence of a comprehensive constitutional document or entrenched legal provisions, economic, social
and cultural rights are mainly provided for through policy and practice.
97
McGregor, Bell and Wilson, Fault Lines: Human Rights in New Zealand,
http://www.waikato.ac.nz/__data/assets/pdf_file/0004/248782/NO-watermark-Fault-lines-Human-rights-inNew-Zealand.pdf
98
Ibid at 53.
99
Ibid at 60.
34