NEW ZEALAND: Children's Rights References in the Universal Periodic Review

Of key Priorities of the New Zealand Government as noted in the present report are: 

 

Improving the protection of children against abuse and neglect;

 

Reducing violence within families and its impact on women and children;

 

The on-going implementation of the Convention on the Rights of Persons with Disabilities (including accession to the Optional Protocol and the New Zealand Disability Strategy;

 

Advancing the Constitutional Review process; and

 

Civil and Political Rights-

 

19) New Zealand ratified the Optional Protocol to the Convention on the Rights of the 

Child on the Sale of Children, Child Prostitution and Child Pornography on 20 September 

2011. 

 

B. Right to life, liberty and security of the person 

 

Family violence

 

73. Violence within families unacceptably affects the lives of thousands of people in New Zealand. Research on the New Zealand experience confirms that men are responsible for two-thirds of the deaths of children aged 14 or under. Victims of the most severe and lethal cases of family violence are predominantly women and children. Women with disabilities are a particularly vulnerable group. Family violence affects families from all cultures, classes, backgrounds and socio-economic circumstances but Māori are significantly over-represented as both victims and perpetrators of violence in families. Violence experienced by LGBTIQ people in family relationships also remains a challenge. Reducing violence within families and its impact on women and children is a key priority for the Government.

 

Recommendations 52, 54, 55: increasing efforts to combat violence against women 

 

77. New Zealand’s Domestic Violence Act 1995 aims to reduce and prevent domestic violence by recognising that all forms of domestic violence, including physical, sexual and psychological violence, are unacceptable and ensuring effective legal protection for victims. The Act provides a civil court process for issuing protection orders to victims and their children. Perpetrators named in protection orders are required to desist from further violence and attend approved “stopping violence” programmes. The Family Court Proceedings Reform Bill, passed by Parliament in September 2013, amends the Domestic Violence Act to protect victims and improve “stopping violence” programmes.

 

2. Children (Recommendations 50 and 51: preventing child abuse)

 

82. A significant number of children in New Zealand are being abused or neglected, many by their parents or caregivers or by adults associated with their parents or caregivers. In the 12 months to 30 June 2012, 152,800 care and protection notifications were made to Child, Youth and Family (a service of the Ministry of Social Development) and there were 21,525 substantiated findings of abuse. In addition, there are a significant number of children who, while they may not be victims of substantiated abuse or neglect, are in circumstances that put them at risk of maltreatment. A key Government priority is to improve the protection of children against abuse and neglect.

 

83. In 2012, the Minister for Social Development launched the White Paper for Vulnerable Children and the Children's Action Plan, which focuses on children at significant risk of abuse and neglect, and those who have been abused or neglected, recognising the importance of universal, targeted services to promote child well-being and early intervention. The White Paper involves extensive reforms and changes across the health, education and social sectors, including: a public awareness initiative about warning signs for abuse and where to seek help; a new cross-agency response for children at risk; a Vulnerable Children’s Board comprising social sector chief executives with accountability for delivering reforms; a new Strategy for Children and Young People in Care to improve long-term outcomes for children in State care; a comprehensive children’s workforce action plan; and a systematic approach to tracking and flagging high-risk adults.

 

84. In September 2013, the Government introduced a Vulnerable Children Bill giving effect to proposals in the White Paper. Provisions in the Bill aimed to better protect children from abuse and neglect through co-ordinated and collaborative action, including: requiring key Government chief executives to collaboratively produce and report progress on implementing a vulnerable children’s plan; requiring key State services, District Health Boards, and school boards and contracted or funded services to have child protection policies in place; implementing new standard safety checks for employees in Government and Government-funded children’s workforce and a restriction on employing persons with disqualifying offences; allowing for new civil orders to be made against those who pose a high risk of abusing or neglecting children in future, restricting them contact with classes of children or specific children; and placing an onus on a parent of a subsequent child to demonstrate their safety to parent in instances where another child was permanently removed from their care due to abused or neglect or the parent was convicted of the murder, manslaughter or infanticide of a child in their care. All agencies are committed to working together to implement these changes.

 

85. While the Children’s Action Plan has a key focus on identifying and responding to risk of maltreatment, this work is situated within wider Government strategies to address factors that place children at risk in the first place. The White Paper sets out what the Government is doing to both build protective and resilience factors and address those factors that place children at risk. Central to its approach is improving support to parents, strengthening and extending the existing government services universally available to all children, and addressing wider social problems such as poverty, inadequate housing, alcohol-related harm and mental health issues.

 

C. Administration of justice and the rule of law

 

Correctional services

 

Recommendation 49: separate juvenile detention facilities 

 

90. New Zealand has separate units for the small number of young male prisoners (2.6% of all prisoners) under the age of 18. There is no separate unit for female prisoners under the age of 18 because there have been fewer than five at any time throughout New Zealand, but they can be separated from the mainstream female prison population where appropriate. All young prisoners are managed in a manner that takes into consideration their unique rehabilitative needs.

 

91. A joint thematic review of young persons in police detention was launched in December 2010 by the Independent Police Conduct Authority as part of a mandate under the Optional Protocol to the Convention Against Torture. The review identified a number of challenges and made recommendations including: continuing to work with the Independent Police Conduct Authority to improve conditions of detention and the treatment of young people in their custody; Police and Child, Youth and Family are developing information sharing protocols with specific regard to youth custody; considering the needs of young people when building new or altering existing Police stations; reviewing how youth custody issues are treated to ensure the approach remains current and to provide on-going analysis and evaluation; and developing national guidelines on identifying and using local options for transporting young people between residences, their places of arrest and court.

 

Economic, social and Cultural Rights-

 

18. During the reporting period, New Zealand has moved to support several international human rights instruments; worked to review and reform legislation, policy and  practice currently subject to reservations; and engaged in dialogue with treaty bodies over  possible withdrawal, for instance over its extension of health and education services to unlawfully resident children in a move towards withdrawing the reservation to Article 2 of  the Convention on the Rights of the Child.

 

Follow-up to the previous review, achievements and challenges 

 

Recommendations 25 - 27, 30 -32, 61: addressing inequalities 

 

32. New Zealand’s social assistance programmes aim to ensure an adequate standard of living and provide opportunities for all to participate fully in society, regardless of ethnicity or gender. Recent reform of the system has helped to improve social and economic outcomes. The Government has introduced welfare reforms based on the advice of the Welfare Working Group, an independent advisory group appointed by the Government. These changes are intended to improve social and economic outcomes for individuals, families and New Zealand; improve outcomes for children by helping parents out of poverty through paid work; and reduce the likelihood of long-term dependency among those who begin receiving a benefit at a young age. Overall eligibility for a benefit and levels of financial assistance have been unaffected but more intensive support is now provided to people capable of working but who are likely to remain on a benefit long-term without that support.

 

33. In addition, the Government recognises that there are considerable gaps and fragmentation in delivery of key services to vulnerable whānau (families). The Government is looking to address these gaps in the health space through Whānau Ora (family health). Launched in 2010, Whānau Ora is intended to change this by increasingly integrating services in primary health, social services and early childhood education coupled with active engagement by welfare agencies.

 

34. The Government also recognises that success in education can significantly improve outcomes for Māori. The updated Māori Education Strategy, Ka Hikitia: Accelerating Success 2013-2017 (meaning “to step up or lengthen one’s stride”) has a particular focus on tertiary education and implementation of the Māori Language in Education Strategy, Tau Mai Te Reo (“may the Māori language blanket the land”). Ka Hikitia includes actions to improve the two factors essential to the educational success of Māori children and young people: quality provision, leadership, teaching and learning supported by effective governance; and strong engagement and contribution from parents, whānau (families), iwi. Māori tribe/s), Māori organisations, communities and businesses. The Ministry of Education is undertaking activity for the new Ka Hikitia Strategy at national and regional levels. Programmes and policies will be targeted and tailored to be effective for and to encourage work in collaboration with Māori.

 

35. High rates of child poverty are also a cause for concern in New Zealand. In recognition of child poverty issues, the Government is focused on addressing the needs of vulnerable and at-risk children and their families, investing nearly $333 million over four years from 2010 in a combination of national and community-based initiatives. One example is the Government’s $9.5 million investment over five years to help extend the KickStart school breakfast programme, which was extended to five days a week in higher needs schools in 2013, with all schools eligible from 2014. The Government will also provide $500,000 a year over three years to help charity KidsCan provide health products, raincoats and shoes for children in need. Another example is the Government’s $45 million Rheumatic Fever Prevention Programme to support vulnerable children, including through working with Australia to collaboratively identify a potential vaccine.

 

36. Recognising the need for better data to understand factors influencing children’s outcomes, the Government has invested $26 million in a longitudinal study of child development in New Zealand. The study, “Growing up in New Zealand”, collects information about 7000 children from before birth and over their life course, providing a flow of information about their development and wellbeing with good coverage of New Zealand’s ethnic and social diversity. The specific information on factors influencing children’s outcomes will be used to inform social policy.

 

Recommendations 33 and 34: Māori and the criminal justice system 

 

41. The Government recognises that the rate of imprisonment and community sentences and orders for Māori pose a significant challenge for it and for Māori communities. In December 2012, Māori made up 51.4% of the prison population (Māori comprise approximately 15% of the New Zealand population). The Government is committed to addressing this over-representation through the “Drivers of Crime” initiative. Priority areas for action include: increasing at-risk communities’ uptake of maternity and early parenting support; addressing conduct and behaviour issues through education and health services; reducing harm from alcohol; and improving access to interventions for offenders to reduce re-offending and escalation.

 

42. As a result of this initiative, the number of young Māori coming to court decreased between 2008 and 2012 by approximately 30%, from 2,403 to 1,623. However, the rate of young Māori appearing in court is still four times that of non-Māori at 403 per 10,000 of population aged 14–16 compared with 101 non-Māori. Māori account for 54% of all young people appearing in Youth Court and 71% of child offenders appearing in the Family Court. The Government launched a Youth Crime Action Plan in October 2013, focusing on reducing apprehensions, prosecutions and recidivism, particularly for Māori.

 

43. New Zealand Police is developing a Decision Making Model to address inconsistencies in the way in which apprehensions of children and young people are resolved. This will improve consistency in decision-making through reducing subjective judgements susceptible to bias. New Zealand Police is also working with iwi (Māori tribe/s) in a number of areas to provide alternative means of resolving apprehensions of children and young people without involving the formal justice system. Coupled with this, Te Puni Kōkiri has developed a macro-modelling tool to explore the loss of Māori potential from Māori in the criminal justice system and illustrate alternative futures.

 

44. The Commissioner of Police’s Māori Focus Forum has agreed a joint programme of work, “The Turning of the Tide”, to enable all Māori to live full and prosperous lives, free from crime and road trauma. The programme has set specific targets within two periods (2012/13–2014/15 and 2014/15–2017/18) to reduce: the proportion of first-time youth and adult offenders who are Māori; the proportion of repeat youth and adult offenders who are Māori; the proportion of repeat victims who are Māori; the number of Police (non-traffic) apprehensions of Māori resolved by prosecution; and the proportion of casualties in fatal and serious crashes who are Māori.

 

45. Other recent work includes the establishment of Rangatahi (youth) Courts where key functions of the Youth Court are carried out on Marae (traditional meeting places) under Māori protocol; the establishment of a Māori-centred rehabilitation and reintegration unit at Mangaroa Prison; and Mātāriki Courts, which allow the whānau (family), hapū (sub-tribe) and iwi (tribe) of the offender to address the court at sentencing. These alternative systems are premised on the idea that reconnecting young Māori with their culture and involving families and iwi (tribes) in the process contribute to reduced risks of reoffending.

 

Recommendation 28: economic and social rights of persons with disabilities 

 

57. In an effort to broadly improve the lives of persons with disabilities and their families, the Government on 1 October 2013 introduced the Funded Family Care scheme, which invests $23 million per year in supporting family carers of persons with disabilities. Funded Family Care allows parents and resident family members of up to 1,600 adults with disabilities with high and very high needs to be paid for the disability support they provide.

 

58. The Government recognises that challenges faced by persons with disabilities are often exacerbated by multiple and intersecting forms of discrimination, for example, for Māori, women or children with disabilities, and has developed specific programmes to address these intersects. The rights of Māori and Pacific persons with disabilities to healthcare services, for example, are being strengthened the Ministry of Health’s Whaia te Ao Marama (pursuing the world of enlightenment) Māori Disability Action Plan for Disability Support Services (2012–2017), which provides strategic direction for actions to address support needs and priorities of Māori with disabilities and their families through Ministry-funded Disability Support Services. Key priorities include: improved outcomes for Māori persons with disabilities, including through providing culturally appropriate services; better support for families; partnerships with Māori involving inclusion and support of Māori persons with disabilities within their community of choice; and responsive disability services for Māori through promoting better access to information, resources and services. The Ministry is also currently updating Faiva Ora (work for life) National  Pasifika Disability Action Plan to support Pacific persons with disabilities and their families. A key concern is to improve family support options for Pacific families given that disability support for most Pacific persons with disabilities is provided in the community, often within families. 

 

Recommendation 46: resources for children with disabilities 

 

61. The Ministry of Education is working to implement the Government’s vision for special education, Success for All – Every School, Every Child. The Government has set a target of 100% of schools demonstrating inclusive practices by 2014 and has a programme of activities to achieve this. These activities aim to strengthen school accountability, reduce bureaucracy and increase the quality and quantity of support that students receive, leading to confident schools, students, parents/caregivers, whānau (families), and communities.

 

62. The Ministry is working with schools to build teacher capability and is supporting schools to self-review their inclusiveness. The Ministry is also working with education and disability sector representatives to develop resources and materials to help professional learning and development providers assist classroom teachers. In 2009 the Government committed $51 million to increase support for children and young people with high or very high needs. The Early Intervention Service provides specialist support for children with a developmental or learning delay, or a behaviour or communication difficulty that significantly impacts their ability to participate and learn.

 

63. Recognising that families of children with disabilities also require additional support, the Ministry of Health has increased the coverage of children's services, establishing nationwide access to a range of individualised community and home-based services, in partnership with families, to improve outcomes and quality of life for children and young persons with disabilities. These aim to keep the family unit intact or maintain a family-like environment, retaining family connections and social networks.

 

4. Sexual orientation and gender identity

 

64. New Zealand has taken several recent steps to improve the rights of lesbian gay bisexual transgender, intersex and questioning (LGBTIQ) persons. In May 2013, the New Zealand Parliament adopted marriage equality legislation: The Marriage (Definition of Marriage) Amendment Act 2013, which specifies that a marriage is between two people regardless of their sex, sexual orientation, or gender identity. As a result, same-sex married couples will be eligible, under the Adoption Act 1955, to apply jointly to adopt a child. The Government has also taken steps to improve the rights of trans-gender people since 2009. The Marriage Amendment Act, for example, enables people to continue to be married regardless of a change in their legal gender.

 

5. Racism

 

Recommendation 36: addressing racism and xenophobia in the education curricula 

 

69. In 2007 the school curriculum was revised and now the Treaty of Waitangi, cultural diversity and inclusion are three of eight principles required to underpin all school decision-making. Intolerance, xenophobia and racism are expected to be explored and addressed through these principles and other curriculum elements, including in the Social Sciences learning area. On-going monitoring of curriculum implementation in schools has demonstrated that some schools have required greater support in understanding and responding to the complexities of cultural diversity and embedding inclusive practices than others. The Government continues to provide targeted support in these areas.

 

70. Recognising that bullying behaviour in schools is sometimes linked to xenophobia and racism and can have detrimental effects on students’ health, wellbeing and learning, the Ministry of Education in 2013 convened a cross-sector bullying prevention group to improve support for schools to address bullying. The group comprises representatives from a number of relevant agencies and sector organisations, including the Human Rights Commission. A guide highlighting students’ rights is being developed to help schools to prevent bullying behaviour by creating safe, positive learning environments and to respond effectively when bullying incidents occur.

 

F. Right to health 

 

99. Health is the second largest area of public spending, after education. New Zealanders are living longer lives, and spending longer in good health but the health and disability sector faces significant challenges: an ageing population; more people living longer with multiple, long-term conditions; and access to new technology and medicines. Disparities in health outcomes for Māori and Pacific people, refugees, older people and vulnerable children remain unacceptably high. New Zealand’s youth suicide death rates remain high compared to OECD countries. 

 

100. UPR consultations highlighted public concerns around New Zealand’s abortion laws, including on-going issues around equity of access, for example, in rural populations. In New Zealand it is a criminal offence to perform an abortion in circumstances other than those prescribed by law. The law allows abortion to be performed up to 20 weeks into a pregnancy if there is serious danger to the life or to the physical or mental health of the woman. An abortion performed more than 20 weeks into a pregnancy is lawful only if it is necessary to save the life of the pregnant woman or prevent serious permanent injury to her physical or mental health. Legal abortion in New Zealand is safe for women - there have been no mortalities since current abortion laws came into effect - and illegal abortions are extremely rare. The Government acknowledges that there are a range of other factors associated with unwanted pregnancy and that the issue remains socially and culturally divisive. The Government currently has no plans to review the law on abortion. 

1. New Zealand was encouraged to consider ratifying ICRMW, CPED, OP-ICESCR, OP-CRPD, OP-CRC-IC and ILO conventions No. 138 and No. 169; to make the optional declaration provided for in article 14 of ICERD; and to extend the application of CRC to the territory of Tokelau.

 

2. Recommendations were made to New Zealand to consider withdrawing its reservation to: article 14 of CAT, article 8 of ICESCR and article 10, paragraphs. 2 (b) and 3, of ICCPR, and to consider withdrawing all other reservations to ICCPR as well as to withdraw the general reservation and the reservation to article 32, paragraph 2, and article 37 (c) of CRC.

 

8. Several treaty bodies made specific recommendations for the next human rights action plan to take account of the concluding observations of CESCR; and for an action plan to: combat racial discrimination, in line with the Durban Declaration and Programme of Action, to implement the Convention on the Rights of the Child; and to mainstream gender in all national plans.

 

10. In 2011, the Committee on the Rights of the Child (CRC) encouraged New Zealand to consider taking measures to ensure that the business sector complied with international and domestic standards on corporate social responsibility, particularly with regard to child rights.

 

16. CEDAW expressed concern at the situation of disadvantaged groups of women and concern that the new social security legislation would likely predominantly affect Maori women and reduce their social benefits, and that there were few education and employment programmes targeted at women and girls with disabilities. It also noted with concern the impact of the Christchurch earthquake on women, particularly rural women and older women, including their reported higher degrees of stress, anxiety and depression, as well as their resulting higher numbers of displacement and unemployment.

 

18. CEDAW was concerned, inter alia, at the negative and sometimes exploitative representation of women in the media, the incidence of cyber-bullying, notably targeting teenage girls, and the practice of forced marriage of young girls in migrant communities. CEDAW urged New Zealand to implement without delay a national campaign on the importance of equality and to eliminate negative stereotypes.

 

20. CERD recommended that New Zealand: intensify its efforts to improve the outcome of the Maori and Pasifika in the fields of employment, health and the administration of criminal justice by addressing the existing structural discrimination; and that it consider strengthening its special measures to increase the level of educational attainment of Maori and Pasifika children, in particular by focusing its measures on addressing the root causes of absenteeism and high dropout rates in schools. Related recommendations were made by CRC and CESCR.

 

26. CRC remained alarmed at the high prevalence of abuse and neglect of children in the family and at the lack of a comprehensive nationwide strategy in that regard. CRC recommended that New Zealand establish mechanisms for monitoring the number of cases and extent of violence, sexual abuse, neglect, maltreatment or exploitation, including within the family, in schools and in institutional or other care. CRC also recommended the allocation of sufficient funding to enable toll-free, 24-hour access to the child helplines.

 

27. While welcoming the abolition of parental force for the purposes of correction, CRC recommended that New Zealand continue to promote positive and non-violent forms of discipline in child-rearing.

 

28. CEDAW recommended that New Zealand introduce legal measures to prohibit underage and forced marriages and that it promote measures to protect women impacted by polygamy and dowry-related violence.

 

29. While welcoming the measures taken, the HR Committee was concerned that New Zealand had failed to identify any case of trafficking. CEDAW recommended raising awareness of threats of trafficking and exploitation and the screening of vulnerable populations, including migrant women and girls, such as “mail order” and “Internet” brides.

 

9. CRC reiterated its concern regarding the low age of criminal responsibility and its concern that New Zealand maintained the age of penal majority at 17 years. It also regretted that, despite the existence of “family group conferences”, the judiciary used a punitive approach more often than a restorative approach. Recommendations were made to address those and other matters, including that New Zealand should develop a broad range of alternative measures to detention for children in conflict with the law and that it should separate any child, male or female, from adults in detention.

 

40. Additionally, CRC recommended that New Zealand ensure that all child victims and/or witnesses of crimes were provided with the protection required by the Convention.

 

41. CRC recommended that New Zealand intensify its efforts to render assistance to parents and legal guardians in the performance of their child-rearing responsibilities with timely responses at the local level, including counselling and support services for the treatment of alcohol- or drug-related problems, and, in the case of Maori and Pacific Islander populations, culturally appropriate services.

 

42. CRC recommended that New Zealand should take steps to ensure that a child’s consent, as appropriate, was required for domestic adoptions; resume its review of adoption legislation; and lower to at least 18 years (from the current 20 years) the age at which adopted children had the right to have access to their files.

 

44. CRC recommended that New Zealand promote and implement, in legislation and in practice, the principle of respect for the views of the child.

 

45. CESCR expressed concern that unemployment continued to disproportionately affect young persons and recommended that New Zealand include in its strategy for boosting skills and employment targeted measures to address the obstacles impeding young persons’ access to employment.

 

46. In 2013, the ILO Committee of Experts on the Application of Conventions and Recommendations once again expressed its serious concern that children between 15 and 18 years of age were allowed, in law and in practice, to perform types of work which were clearly hazardous, as previously acknowledged by the Government and confirmed by the Department of Labour’s research.

 

9. CRC, while noting the measures taken, was concerned that about 20 per cent of children still lived under the poverty line and recommended that New Zealand take all necessary measures to provide appropriate support to allow disadvantaged families and their children to move out of poverty sustainably, and continue to provide assistance to those who remained under the poverty line.

 

50. CESCR noted with concern the shortage of childcare facilities and regretted that childcare subsidies under the Working Families Scheme had reportedly benefited mainly middle- and higher-income groups. CESCR called on New Zealand to increase the number of childcare facilities and ensure that the most disadvantaged and marginalized groups also had access to such services.

 

56. CEDAW urged New Zealand to promote widely education on sexual and reproductive health rights, particularly with regard to the prevention of teenage and unwanted pregnancies, and to strengthen measures to support pregnant girls; to address the deteriorating mental health situation of young girls, and to prevent and combat the abuse of their health situation; to prevent and combat the abuse of alcohol and use of drugs; and to prevent suicide.

 

60. While appreciating the numerous efforts undertaken, CRC was concerned that several groups of children had problems being enrolled in school or continuing or re-entering education, notably children with disabilities (children with special educational needs), children living in rural areas, Maori, Pacific and minority children, asylum-seeking children, teenage mothers, dr

opouts and non-attendees for different reasons. Furthermore, the Committee was concerned that only 20 hours of free early childhood education and care were available and that there was limited access for many children, especially those in need; that many public schools were pressuring parents to make “donations”; and that bullying was a serious and widespread problem, which could hinder children’s attendance at school and successful learning. The Committee was also concerned at the number of school suspensions and exclusions and that these particularly affected children from groups which in general were low on school achievement.

 

61. CEDAW recommended that New Zealand should develop a systematic programme to ensure that parents understood the voluntary nature of payments requested by schools and monitor schools’ practices regarding the collection of fees; implement measures to decrease dropout rates among Maori girls and reintegrate them in the educational system; and introduce measures to widen women’s and girls’ opportunities for future employment. The United Nations Educational, Scientific and Cultural Organization (UNESCO) encouraged New Zealand to take additional measures to increase access to free education and to ensure that children from low-income families and families living in rural areas were not discriminated against in the provision of education.

16. New Zealand Human Rights Commission (NZHRC) reported that 230,000 of the poorest children were discriminated against on the basis of their parents’ work status because of the way the In Work Tax Credit was designed and applied. This was currently the subject of litigation before the Court of Appeal. NZHRC recommended that the Government commit to a timetable for implementing the recommendations in the Experts Advisory Group (EAG’s) report on Solutions to Child Poverty.

 

20. Human Rights Foundation (HRFNZ)/ Joint Submission (JS)14 recommended that New Zealand ratify ICRMW, CPED, the UN Convention against Corruption, ILO Convention No. 87, OP-ICESCR, OP-CRC-IC, OP-CRPD and make the declaration under Article 14 of ICERD. Edmund Rice International (ERI)/JS12 urged New Zealand to ratify ILO Convention No. 169.

 

23. Equal Justice Project (EJP)/JS10 recommended enactment of a minimum age of employment for children, thereby allowing ratification of ILO Convention No. 138, and removal of the reservation to CRC’s Article 32. Action for Children and Youth Aotearoa (ACYA)/JS1 recommended immediate withdrawal of the reservation to CRC so that health care is provided to resident and non-resident children equally.

 

31. UNCROC Monitoring Group (UNCROCMG)/JS24 recommended that work be commenced towards the implementation of a child impact assessment process or, alternatively, a best interests clause that mandates explicit consideration of the impact of decision-making on affected children.

 

36. Mental Health Foundation of New Zealand (MHF-NZ) highlighted that Maori were disproportionally represented in mental illness statistics, experienced a poorer standard of living, higher unemployment, lower educational achievement and socio-economic status and consequently poorer health. AI also noted that the NZHRC raised institutional bias (structural discrimination) as a contributing factor to those inequalities. UNCROCMG/JS24 referred to the Maori Affairs Select Committee’s 2012 Inquiry on the Determinants of Well-being of Maori Children, the findings of which had yet to be released.

 

37. According to World Organisation for Early Childhood Education (OMEPAotearoaNZ), children with a parent in prison were one of the most marginalized groups and invisible in social policy. International Presentation Association also referred to levels of offending and victimisation having significant inter-generational impact. OMEPAotearoa NZ recommended using the expertise and evidence from local research on children of prisoners to draft policies.

 

42. Domestic Violence and Disability Working Group (DVD)/JS8 recommended that all  domestic laws enabling involuntary sterilisation of disabled women and children be brought in line with international commitments.

 

43. CCNZNGOs/JS6 noted as a positive development the initiative of a private individual to fund a commission of inquiry (The Glenn Inquiry) into family violence issues. PWW-NZ/JS21 stated that Maori continued to be over-represented as victims and perpetrators of family violence. New Zealand Council of Christian Social Services (NZCCSS) stated that the White Paper for Vulnerable Children released in 2012 focussed on a narrowly defined BetterPublic Service Target to reduce assaults on children by 5 % by 2017and 27 Government-led policy initiatives (Children’s Action Plan) to achieve this outcome. While welcoming those steps, AI and UNCROCMG/JS24 remained concerned that the focus was too narrow and did not look at the relationship between child abuse and contributing factors such as domestic violence and poverty.

 

44. Coalition for the Safety of Women and Children (CSWC/JS7) urged the Government to develop, in collaboration with the domestic and sexual violence sectors and based on international best practice, a comprehensive strategic implementation plan. Government should consult so that Maori have voices in shaping these policies.

 

47. PWW-NZ/JS21 reported that dowry abuse, forced and under age marriages were receiving growing recognition as serious problems and made recommendations.

 

48. PWW-NZ/JS21 recommended that New Zealand adopt a clear definition of trafficking as defined under UN Conventions. ECPAT Child Alert-NZ recommended that New Zealand strengthen its policy and practice to prevent sexual exploitation of migrant girls and report on the extent of sexual exploitation and abuse of children in New Zealand.

 

52. TT-NZ/JS23 pointed out that Youth Justice legislation was changed in 2010 so that prosecution of 12 and 13 year old children could take place in Youth Court rather than Family Court. ACYA/JS1 recommended raising the age of criminal responsibility to 12; redefining “young person” for the purposes of the youth justice system as anyone below the age of 18 and investing in suitable detention facilities for children and young people, avoiding the need for detention in police custody or with adults.

 

54. Dingwall Trust (DT) recommended that care and protection legislation be reviewed in light of the CRC, including raising the age of discharge from care to 18 years; and detailed legislation developed to provide transition planning and support for all young people leaving care for independent living.

 

55. ACYA/JS1 recommended that the Government amend the Family Court Proceedings Reform Bill to retain appointments of lawyer for the child in all Care of Children Act cases and to require that children and young people’s views be taken into account in all pre-Court compulsory mediation processes.

 

56. ANZSOGII/JS3 recommended a review of the Adoption Act 1955 with the aim of reflecting the legitimate diversity of family and parenting arrangements.

 

62. Save the Children–NZ-Child and Youth Council (SC-NZ-CYC) stated that NewZealand must provide more job opportunities for adults and youths and remove age-based wage discrimination. NZCTU/JS18 recommended the repeal of the 2013 amendments to the Minimum Wage Act as they breach ILO Convention No.111.

 

65. AI noted that the highest nationally recorded level of income inequality among the general population was in 2011.119 NZCCSS referred to the EAG report, which identified 270,000 children living in poverty, mostly Māori, Pasifika children, and children with disabilities. UNICEF-NZ supported the recommendation from ACYA that the Government immediately accept and implement the recommendations of the EAG’s report.

 

66. UNCROCMG/JS24 noted the introduction of statutory ‘social obligations’ on beneficiary parents (which Combined Beneficiaries Union (CBU/JS5) believed reinforced negative stereotyping), coupled with a graduated sanctions regime to address non-performance of these obligations, including reductions in benefit income of up to 50% in some cases. Child Poverty Action Group referred to its legal challenge on behalf of 227,000 children who were denied a child-related payment due to their parents' work status.

 

75. UNCROCMG/JS24 stated that current policy fell short of providing universal free provision of Early Childhood Education (ECE). New Zealand Educational Institute,
(NZEI) reported on barriers to quality community-based ECE and OMEPAotearoaNZ made recommendations for ensuring the equal participation of disabled children and their families in ECE.

 

76. According to ACYA/JS1, the Education Amendment Bill 2012 would establish a new class of publicly funded school (Partnership/Kura Hourua), yet they would not be accountable in terms of expulsion, curriculum or other policies. NZEI recommended that New Zealand ensure funding to enable a quality inclusive public education system that is staffed by appropriately qualified and registered teachers, provides access for local communities, and ensures accountability to the families and whanau of the children attending these facilities.

 

77. IMM-CRPD/JS15 recommended establishing an enforceable right to inclusive education and implementation of school anti-bullying programmes for disabled students, while ANZSOGII/JS3 made related recommendations for SOGII students.