MakingHuman Rights

a Realityfor Disabled People

–

Te Whakatinanahia i ngā Tika o te Hunga Hauā

Chief Commissioner Rosslyn Noonan, & Manager External Relations Shae Ronald

December 2010

Human rightsare about

dignity, equality and security

foreveryone,

everywhere,every day.

InternationalHuman Rights Laws

UNIVERSAL DECLARATION ON HUMAN RIGHTS International Covenants on:

Civil and Political Rights Economic, Social and Cultural Rights

UN Conventions on: Elimination of all Forms of Racial Discrimination Elimination of Discrimination against Women the Rights of the Child

United Nations Declaration on the Rights of Indigenous Peoples

Convention on the Rights of Persons with Disabilities

Human rights are about …•How we live together

•Our responsibilities to each other

•Relationshipsbetween individuals,groups and theState / betweenthe governed andthose who govern

Human Rights Commission Major Functions

• Advocate and promote respect for, and an understanding and appreciation of, human rights in New Zealand society

• Encourage the maintenance and development of harmonious relations between individuals and among the diverse groups in

S.5(1) Human Rights Act 1993

Human Rights Commission Major Functions

• Advise on and monitor equal employment opportunities

• Provide an enquiries and complaints service

Human Rights Commission Powers

• Make public statements

• Provide information, education, programmes and activities

• Inquire into any human rights matter

• Appear in, bring proceedings, or intervene in Court or Tribunal proceedings

• Report to the Prime Minister on any matter affecting human rights

S.5(1) Human Rights Act 19

Human Rights Commission

• Human Rights in New Zealand Today 2010

key issues for disabled people

• Responsibility to monitor implementation of the Convention on rights of persons with disabilities

with Convention Coalition & Ombudsmen’s Office

• Establishment of a full-time Disability Commissioner

Examples of disability rights Issues at the Commission

• Accessible transport

• Safety in schools

• Right to education

• Freedom of expression

• Reasonable accommodation

• Non-discrimination

Convention on the Rights of People with Disabilities

• Persons with disabilitiesnot viewed as “objects” of charity, medical treatment and social protection, instead as “subjects”with rights, who are capable of claiming those rights and making decisions for their lives based ontheir free and informed consent, as well as being active members of society

Convention on the Rights of People with Disabilities

• Designed to increase the visibility of people with disabilities, ensuring a more just and inclusive society in which they enjoy the same rights as everyone else

• Monitoring and implementation – “Nothing about us without us”

• Government required to report on compliance(first time in Feb/March next year)

Enquiries and Complaints

It is against the law to be discriminated against on the grounds of disability

in many areas of public life, including in work, education, official practice and policy and the

provision of goods and services.

The Commission can also considerbroader human rights issues.

Ground + area + disadvantage = discrimination

Enquiries and Complaints

HOW?

• Free, confidential Infoline Service 0800 496 877

• Email, online complaint form or letter

• NZSL sign language interpreter

• Relay service

WHAT HAPPENS?

Case StudiesHelen Helen started work at Jane’s factory. She had a history of mental illness which she did not disclose at interview. After six months, Helen required treatment and hospitalisation. She provided a medical certificate for Jane, and Jane reacted by firing her for ‘lying in the interview’ and not disclosing her mental illness.

At mediation, Jane learned that Helen did not have to disclose her mental illness unless she thought it would prevent her from carrying out her work satisfactorily. Jane apologised for handling the dismissal badly. Helen received some compensation for lack of process. Helen returned to work but after a few weeks felt she could no longer work there and left, but this time on her terms.

Case StudiesZoe

  Suzie and Dave’s daughter, Zoe, has Autistic Spectrum Disorder. Suzie and Dave claimed that Zoe’s special needs were not met by her school and this led to Zoe being suspended and, eventually, unlawfully excluded. They were frustrated that the school was unwilling to involve some of the experts who were working with Zoe. They considered that the school did not follow good practice for managing thebehaviour of autistic children. The school considered thatit did everything possible to accommodate Zoe’s needs. In the end it felt the safety issues could no longer be ignored. 

 

The parties met for mediation. The matter did not resolve at the mediation but the parents and the school continued their negotiations.

 

Case StudiesZoe continued:

The matter was settled with the following outcomes:

• an apology from the school Board to Zoe and her parents

• the Board with input from the Ministry of Education agreed to review its policies, practices and procedures relating to special needs students

• the Board agreed that all parents of students with special needs at the school would be given updated policies and procedures developed as a result of the review

• the Board agreed to use its school newsletter to advise its community of the steps it has taken to address the needs of special needs students

Recent Initiatives

Recent Initiatives

Commission contacts

www.hrc.co.nz

Infoline 0800 496 877 (toll free)

text: 021 236 4253

infoline@hrc.co.nzTTY 0800 150 111