Analysis of Human Rights Issues and Conventions in New Zealand

This report provides an overview of human rights in New Zealand, focusing on the New Zealand Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990. It examines Economic, Social, and Cultural Rights, including the right to an adequate standard of living, health, education, work, and social security, while highlighting concerns such as poverty, gender inequality, and discrimination against the disabled. The report analyzes the record of human rights practices, including issues of family violence, incarceration rates, and housing shortages, and discusses the ratification of conventions such as the CRC, ICESCR, CRPD, CEDAW, and CAT. It also explores advocacy efforts related to water rights and privatization. The report emphasizes the need for improved implementation and administration of human rights to align with international standards and address existing disparities.

RESEARCH
ESSAY

Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
Concerns of Human Rights.........................................................................................................3
Record of Human Rights Practices.............................................................................................5
Ratification of Conventions........................................................................................................6
Implementation of Advocacy for Protection of Human Rights..................................................7
CONCLUSION................................................................................................................................8
REFERENCES..............................................................................................................................10

INTRODUCTION
In New Zealand, there are wide range of laws for protection of the individuals, which
covers the various issues and problems arising due to any company, government, individuals,
business, etc. to any individual. For protection of rights of individuals, two laws are governed in
New Zealand, such as New Zealand Human Rights Act, 1993 and New Zealand Bill of Rights
Act, 1990.
Human rights are basically the protection given in accordance to the private justice and
equity of the individuals of a country from any sort of discrimination or inequality or are treated
unfairly or in a bias manner in comparison to others who belongs to the same class category or
situation(Timilsina, 2019). According to this act, equal protection is given to each individual on
the basis of age, sex, caste, creed, color, race, ethical belief, family background, status,
disability, racism, sexual harassment, etc.
This report includes the study of Economic, Social and Cultural Rights under Human
rights of New Zealand and focuses on the issues and problems faced by individuals for the
implementation and smooth functioning of these rights. In addition to this, it also mentions the
conventions adopted for better performance and the steps of advocacy for the same along with
the positive and negative impacts.
MAIN BODY
Concerns of Human Rights
This is a serious issue for New Zealand and its reputation as a global leader which is at
risk in regard of its Human Rights. The rights provided to individuals in context of Economic,
Social and Cultural Rights includes The right to Adequate Standard of Living which includes proper right to food, water and
housing, people are facing relative poverty which also includes the children aging from 0
to 17 years. Many charities of New Zealand are providing aids of foods to children as
well as adult. For water services the concern is focused on privatization of supply instead
of user pay for ultimate consumption(Saul, 2016). Right to housing is a social issue as
affordability of property as well as rental for housing is not proper.

 The right to Health is to not distinct but for proper health and care services a statutory
framework has been set up which also includes New Zealand Public Health and
Disability Act, 2000. The right to Education is not generally expressed in domestic law, but provided through
various laws, statutes, policies, advocacy practices, etc(Malleson, 2016). The right to Work and enjoying the working conditions which are just and favorable for
employees is governed by Minimum Wages Act, 1983. And discrimination in regard of
disability, race, status is strictly prohibited.
 The right to Social Security is being provided in various forms, such as a system is
designed to help those who are needy like, elders, ill people, disabled, etc. Also
assistance as well as Emergency assistance is provided in regard of health care and
benefits to children, etc.
Despite of these facilities, frameworks New Zealand is lagging behind being a global
leader. It has many fault lines in regard to gender equality, poverty in children, and the disabled
both mental and physical's right for provocation of the State. The Commission of human Rights
mentions that there is a tremendous progress in regard to the workforce of women. This
statement, is false in itself as, still the target has not yet reached of equality in context of
women(McGregor, Bell and Wilson, 2016). For Example: Women are not provided with equal
opportunities in their carers and even not paid equally. Also, no paid leaves are provided in
various contexts and violence has to be suffered by them at workplace and on the other sides, it
says to United Nations that right to vote for women was firstly granted by them, despite of
lagging in so many areas of protection and security for women.
Discrimination on the basis of structure such as inequality on the basis of structure,
systems, supremacy, etc. within the same level and situation of people(Report identifies serious
human rights issues in New Zealand, 2015). It is a situation when institutions create barriers and
due to which the social inequality is increased and a situation is aroused where less empowered
groups of people face criticism and obstacles as compared to the highly enabled or dominant
group by the practice of authority when both are at same situation or position. Due to which, the
vulnerable groups of New Zealand has to face a lot of criticism and disadvantages which had a
negative impact.

Various steps has to be taken by the New Zealand in regard to the Human Rights
prevailing right now as it is falling behind in comparison with the other countries in execution
and administration of the Economic, Social and Cultural Rights of individuals.
Record of Human Rights Practices
The UN Committee took into consideration a National Report made on the records of
New Zealand which was a combination of civil society's report and various other information
received from different sources(Gill, 2019). And the report states that approximately 15% of the
people of citizen are suffering from family violence and the government has taken least or no
steps in this regard.
Also it was shocking for the committee after checking the records on the rate of
incarceration, abusing, child poverty, lacking in housing facilities, etc. The disparities even came
in relation to health of Maori with comparison with the one who are not Maori(Bratspies, 2015).
In addition, for reducing the crime, New Zealand had identified four key areas by keeping in
mind the impact of crimes on Maori, which includes early maternity and support for parenting,
the ways to reduce the suffering caused by alcohol consumption, approaches toward offences and
problems relating to behavior of children(Geneva human rights committee 'shocked' at NZ's
human rights report card, 2018). By focusing on these vital areas, the country can reduce the
rates of crime and reversion and follow healthy and positive practices.
The main issue for people of New Zealand which was included in the record as well was
the high costing and the quality of housing. Around 150,000 children are dwelling at houses with
income less than 60% of median(Drewery, 2016). There is a major shortage of house property
and also rental houses, and even middle-class families are facing problems for having access to
the house due to high cost and low availability.
The need for improvement and increase in providing mental health care services to the
one who needs it, without any discrimination is required to be implemented through a framework
by the country without any delay. Also, the people who are disabled, poor, unemployed, ill, solo
parents, etc. need to be secured socially and should be provided proper resources fro their social
development and enhancing standard of living.
The rates of sexual harassment at workplace and also discrimination on the basis of pay
between men and women is also shown in the record. In 2015, the population of prison has
tremendously increased to 15000, which has never happened in the entire history and now it is

growing since then which is a serious problem that should be taken into concern(Arnett, Chapin
and Brownlow, 2018).
Government should bring down appropriate policies and framework in regard to these
problems and issues faced by the public of the country. As it is found that the Bill of Rights Act,
1990, is lagging as compared to the other prevailing laws and statutes and which in resulting in a
prejudicial way and affecting the rights of individuals. New Zealand should meet its obligations
to fulfill and provide each and everybody with equal human rights. For this, it has to frame and
follow more tangible laws, regulations, practices, etc(Selvaraj, 2015). For moving the dial in
context of New Zealand's Human Rights, the proper review process should be followed and the
problems and issues should be found out that needs correction and upliftment of the same should
be done.
Ratification of Conventions
The Right of Child Convention(CRC) was embraced and opened for signature and came
force into 1990, but it was ratified by New Zealand in 1993. New Zealand has put efforts and
still conserve and continue to reserve the rights of children in this context. According to the
Article 32(1) of the existing law, the government of the country makes sure that the rights of
children are fully protected and not exploited(UN Convention on the Rights of the Child, 2019).
And also, it conserves the rights so that no additional measures are taken and further legislation
is also not done that can be foreseen in Article 32(2).
The government also takes care that when a situation arises where the juveniles and
adults have to be mixed due to shortage of enough space and satisfactory facilities, and also
where the interest and benefits of an formation requires a offender (juvenile) to be moved or
replaced to other place, then in that case the application of Article 37(c) should not be done.
The International Covenant on Economic, Social and Cultural Rights(ICESCR) came
into force in 1976 and focuses on allowing rights related to social, economic and culture of
individuals. The Articles of the Covenant focuses on providing necessary resources for full
realization of the rights of individuals granted to them by the covenant. These rights includes
labor rights which is recognized as right to work of their own choice and live freely(Decker and
et.al. 2015). Each and every person has a right to social security and insurance so that the
individual is protected from the risk of illness, maternity, sudden disability, orphans,
unemployment, etc.

The Right of Person with Disability Convention(CRPD) came into force in May 2018
and its ratification was done by New Zealand on September 2008 and no conservation were
made in this regard. But, New Zealand assented to the Optional Protocol in October 2016 which
came into force in November 2016. It basically deals with the situation of an individual with
disability when the rights are violated or not exercised and denied by the convention, then in
such case, the complaint can be lodge against the convention to the UN Committee. For this, the
protocol provides an easy procedure to individuals for filing complaints and also under Article 8
delivers an procedure for inquiry which is optional for them.
The Convention of Discrimination Against Women(CEDAW) was established in 1981
and has been ratified approximately by 190 countries and given a wide variety of reservations,
and implementation of various mechanism for women. The articles of which focuses on social
rights, equal rights in relation to education, employment, removing discrimination, gender
equality, to be able to take part in politics, elimination of prostitution and trafficking of women,
etc.
The Convention Against Torture (CAT) was being ratified by New Zealand in December
1989. if the Attorney General of New Zealand is given considered under Article of 14, then in
that case the victim of the torture or inhuman behavior can get compensation accordingly and
these rights are being preserved by the government. The Optional Protocol helps in prevention
of ill-treatment through formation of a system where the visits are done at places where the
people are detained by the international bodies and make sure that they are not tortured(Devere,
2016). And therefore, a Sub-committee is also being formed to ensure the the detained persons
are not deprived of their personal rights and liberty through their mandatory visits and they by
proper monitoring, give suggestions for further protection.
Implementation of Advocacy for Protection of Human Rights
Advocacy concerning the right in relation to water which comes under the ambit of
Economic, Social and Cultural Rights of New Zealand is opposing the approach of user pay and
focusing on the privatization of water supply for final consumption by the people(Murray,
2015). This resulted in framework of various policies and commission through which the rights
of individuals are being properly allocated and protected.
In case of, Child Poverty Action Group Vs Attorney General it states that any individual
who to whom personal injury is caused to the individual accidentally, then in that case, under the

provision of Accident Compensation Act, 2001, the injured person is eligible for the
compensation in form of financial support. But,at the same time discrimination was done on the
basis of individuals getting compensation and benefits, that if they are eligible for the tax credits
then in that case compensation will not be granted to them, which later was considered as valid
discrimination.
For advancement of women, the assistant secretary of General- Secretary, Rachel
Mayanja, gave suggestions for overcoming the issues and problems coming in relation to
advancement of women in various sectors of economy. The recommendation included formation
of various strategies and policies for eliminating the poverty by participation of locals in the
projects set up for development and overall progress of women of New Zealand.
The most important development was mad in the year 2007 when the adoption of
UNDRIP was done for the indigenous people of New Zealand(Durette, 2018). This crucial step
resulted in creation of framework for the people in regard to international human rights, which
gradually become the most significant both at the international level regarding the violation and
depriving of the human rights of public.
Charles Radcliffe, chief of section of Global Issues of Human Rights, suggested for
funds which were supposed to be of voluntary in nature so that the indigenous people of New
Zealand can go to forums without any discrimination or problems and attend the proceedings.
In case of Lawson Vs Housing, it sates that the individual filed case against increased in
rent as compared to the set standards by New Zealand Housing, as it had very bad impact on the
living standards. It was not the matter of domestic legislation but is comes under the scope of
international forum an appropriate action was taken into this regard.
Therefore, there are number of issues and problems faced by individuals in regard to
exercise their Human Rights in fair and just manner(Sorrells, 2015). But, also advocacy and
recommendations of many authorized persons have provided with appropriate solutions to the
problems which are successfully implemented and eliminated various issues of Human rights of
new Zealand.
CONCLUSION
The case study highlights the various aspects of Human Rights of New Zealand such as
rights relating to Economic, Social and Culture and also the problems arising out of it for proper

implementation of the rights and the solutions to those issues. Also various positive and negative
records of various practice of Human rights of individuals is being mentioned and the ways to
overcome the same. In addition, adopted conventions such as convention against torture, right of
child convention, etc are mentioned so that the rights are reserved and with the help of optional
protocol proper monitoring and controlling is done. Moreover, this is concluded from the above
study that, there are many issues faced by indigenous people in regard to their rights and
infringement of the same which can be solved through suggestions and recommendations of
appropriate authorities and application of advocacy.

REFERENCES
Books & Journals
Arnett, J., Chapin, L. and Brownlow, C. 2018. Human development: A cultural approach.
Pearson Australia.
Bratspies, R. 2015. Do we need a human right to a healthy environment. Santa Clara J. Int'l
L. 13, p.31.
Decker, M. R and et.al. 2015. Human rights violations against sex workers: burden and effect on
HIV. The Lancet. 385(9963). pp.186-199.
Devere, H. 2016. Human rights in New Zealand: Emerging faultlines [Book Review]. New
Zealand Sociology. 31(7). p.267.
Drewery, W. 2016. Restorative practice in New Zealand schools: Social development through
relational justice.Educational Philosophy and Theory. 48(2). pp.191-203.
Durette, M. 2018. Indigenous property rights in commercial fisheries: Canada, New Zealand
and Australia compared. Canberra, ACT: Centre for Aboriginal Economic Policy
Research, Research School of Social Sciences, College of Arts & Social Sciences, The
Australian National University.
Gill, N.S. 2019. Human rights framework: An ethical imperative for psychiatry.
Malleson, K. 2016. The new judiciary: The effects of expansion and activism. Routledge.
McGregor, J., Bell, S. and Wilson, M. 2016. Human rights in New Zealand: emerging faultlines.
Bridget Williams Books.
Murray, J. J. 2015. Linguistic human rights discourse in deaf community activism. Sign
Language Studies. 15(4). pp.379-410.
Saul, B. 2016. Indigenous Peoples and human rights: International and regional jurisprudence.
Bloomsbury Publishing.
Selvaraj, J. 2015. Inclusive education in New Zealand: policies, politics and
contradictions. International Journal of Inclusive Education. 19(1). pp.86-101.
Sorrells, K. 2015. Intercultural communication: Globalization and social justice. Sage
publications.
Timilsina, N. 2019. Cultural identity, hybridity and minority media: community access radio and
migrants in New Zealand.

Tushnet, M., 2017. New forms of judicial review and the persistence of rights-and democracy-
based worries. In Bills of Rights (pp. 265-290). Routledge.
Online
Geneva human rights committee 'shocked' at NZ's human rights report card. 2018. Online
Available Through:<https://www.stuff.co.nz/national/politics/103333083/geneva-
human-rights-committee-shocked-at-nzs-human-rights-report-card>.
Report identifies serious human rights issues in New Zealand. 2015. Online Available
Through:<https://teaomaori.news/report-identifies-serious-human-rights-issues-new-
zealand>.
UN Convention on the Rights of the Child. 2019. Online Available
Through:<https://www.occ.org.nz/childrens-rights-and-advice/uncroc/>.