NEW ZEALAND: Children's Rights in UN Treaty Body Reports

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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

Please note that the language may have been edited in places for the purposes of clarity.

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UN Human Rights Committee

CCPR/C/NZL/6

Concluding observations on the sixth periodic report of New Zealand

Adopted by Commmittee: 7-8 March 2016

Published: 23 March 2016

Issues raised:

National Legislation:

The Committee welcomes the adoption of the Vulnerable Children Act of 2014; The adoption of the Youth Crime Action Plan 2013-2023; The Committee also welcomes the ratification of, or accession to 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.

(paras. 3,4)

Child detainees:

The Committee regrets the slow progress made by the State party toward withdrawing its reservation to article 10, paragraphs 2 (b) and 3, although it notes the information provided by the State party regarding measures to separate youth detainees from adult detainees, and in particular, the establishment by the Department of Corrections of dedicated Youth Units. The Committee further notes the intention of the State party to maintain its other reservations.

(paras. 5, 6)

Recalling its previous concluding observations (CCPR/C/NZL/CO/5, para. 12), the Committee urges the State party to review its law-enforcement policies with a view to reducing incarceration rates and over-representation of members of Māori and Pasifika communities, particularly women and youth, at all levels of the criminal justice system, as well as reconviction and re-imprisonment rates; (paras. 25, 26)

Non-discrimination in employment and vocational training:

The Committee remains concerned about the persisting inequalities that affect disproportionately Māori and Pasifika, in particular Māori and Pasifika women and youth, and persons with disabilities in the area of employment and vocational training (art. 26).

The State party should: Address the high unemployment rates of Māori and Pasifika, in particular of Māori and Pasifika women and youth, persons with disabilities and migrants, through the adoption and effective implementation of comprehensive employment and vocational training strategies, and report on the progress made in its next periodic report; Ensure that cases of discrimination on any grounds in relation to employment are thoroughly investigated and that victims are provided with adequate remedies.

(paras. 21, 22)

Discrimination in law enforecemnt:

While noting the efforts made by the State party to address the issue of over-representation of Māori and Pasifika in the criminal justice system, with particular focus on youth, including through the initiative “Turning of the Tide: A Whānau Ora Crime and Crash Prevention Strategy” and the Youth Crime Action Plan, the Committee remains concerned about the disproportionately high rates of incarceration and over-representation of Māori and Pasifika, and particularly women and youth, at all levels of criminal justice process (arts. 2, 14, 24, 26).

The Committee recalls its General Comment No. 28 and recommends that the State party develop programmes, for the implementation of SDG No. 5, ensuring gender equality and empowerment of all women and girls, with particular focus on Māori and Pasifika women and girls, as well as women and girls with disabilities.

(paras. 17, 18b)

Violence:

While welcoming the establishment in 2014 of the Ministerial Group on Family Violence and Sexual Violence, and the implementation of community-based anti-domestic violence campaigns, the Committee remains concerned about the high prevalence of domestic violence, in particular violence against women and girls, which includes sexual violence, and especially against Māori and Pasifika women and girls, as well as women and girls with disabilities. The Committee is also concerned about: the low rates of reporting and prosecution of cases of sexual violence; and the absence of information on victims’ rehabilitation and redress programmes.

(paras 29, 30)

The State party should strengthen efforts to combat domestic and gender-based violence in all forms, including sexual violence, particularly in relation to Māori and Pasifika women and girls, as well as women and girls with disabilities. In particular, the State party should ensure that: Its criminal legislation in relation to domestic and gender-based violence, including sexual violence, is effectively enforced across its territory; Programmes combating domestic and gender-based violence, including sexual violence, are incorporated into the National Action Plan on Human Rights; Effective monitoring and evaluation processes with clearly defined indicators and systematic data collection are put in place to assess the extent of the problem of domestic and gender-based violence and inform future legislative and policy initiatives; Programmes of victims’ rehabilitation and redress are developed and implemented across its territory, involving the provision of specialized medical, psycho-social and legal assistance; The existing family dispute settlement framework is effectively implemented and monitored, particularly for the protection of those experiencing domestic violence, especially women and children.

(paras 29, 30)

Child Abuse:

While welcoming the State party’s efforts to address child abuse, which disproportionately affects vulnerable children, the Committee is concerned about the significant number of children who suffer physical and psychological abuse and neglect, and regrets the absence of information regarding programmes of rehabilitation, reintegration and redress of child victims, in particular of Māori and Pasifika child victims. The Committee is also concerned about the filing of the Roast Busters case (arts. 7 and 24).

The State party should: Strengthen its efforts to combat child abuse in all settings, including through the development and implementation of multi-stakeholder, child-friendly early detection and reporting mechanisms and through the effective investigation of cases and accountability of perpetrators; Provide detailed information, in its next periodic report, on the outcomes of the Children’s Action Plan and the review of Child, Youth and Family (CYF) agency, as well as on the measures taken in order to increase the efficiency and quality in the provided child and youth protection and rehabilitation services; Ensure that all appropriate measures are taken, including awareness-raising programmes at school level, to prevent the recurrence of events depicted in the Roast Busters case.

(paras. 31,32).

Child Refugees and Asylum Seekers:

The Committee further notes the State party’s intention to interview children as part of the refugee determination, a practice which may negatively affect children (arts. 17 and 24). The State party should take all appropriate measures to ensure that any policy to interview children as part of the refugee determination is restricted to situations where this is necessary to determine the child’s claim and where the child has expressed a desire to be heard.

(paras. 35, 36c)

Trafficking in persons:

The Committee welcomes the amendment of Section 98D “Trafficking in Persons” of the Crimes Act 1961 that aligns the definition of trafficking in persons with that of the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,  and  the adoption of measures to combat trafficking in persons. The State party should develop and implement programmes of victims’ rehabilitation and redress, with particular focus on women and children victims.

(paras.39, 40b)

 

 

(CCPR/C/NZL/5)
 

Last reported: 15 and 16 March 2010
Concluding Observations adopted: 25 March 2010
 

Juvenile offenders are not systematically separated from adults in detention: The Committee welcomes the State party’s indication that it is currently amending its regulations on detention so as to permit the withdrawal of its reservation to article 10, paragraphs 2 (b) and 3, of the Covenant. The Committee further notes the intention of the State party to maintain its other reservations.

The State party should proceed to withdraw its reservations to article 10, paragraphs 2 (b) and 3, and consider withdrawing all its other reservations to the Covenant.

This article reads:

2(b) Accused juvenile persons shall be separated from adults and brought as speedily as possible for adjudication.

3. The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status.

 

Child abuse: The Committee expresses concern at the incidence of child abuse in the State party despite the initiatives taken to protect children from abuse and the State Party's recognition of the need to address this issue. The Committee recommends the State party further strengthen its efforts to combat child abuse by improving mechanisms for its early detection, encouraging reporting of suspected and actual abuse, and by ensuring that the relevant authorities take legal action against those involved in child abuse. (Para. 18)

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UN Committee on Economic, Social and Cultural Rights

E/C.12/NZL/CO/3

Last reported: 4 and 7 May 2012
Concluding Observations issued: 31 May 2012

Issues raised:

Discrimination in education: The Committee is concerned that Māori and Pasifika continue to be disadvantaged in the enjoyment of economic, social and cultural rights, in spite of measures taken by the State party and improvements in the area of health and education (art. 2, para. 2). Para 12.

The Committee calls on the State party to strengthen its efforts aimed at eliminating the disadvantages faced by Māori and Pasifika in the enjoyment of economic, social and cultural rights by addressing structural factors and ensuring that relevant measures effectively benefit the most disadvantaged. The Committee also recommends that the State party set specific equality targets by year and closely monitor their achievement. The Committee refers the State party to its general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights.

Bullying in schools: The Committee notes with concern that violence and bullying in schools are widespread in the State party (art. 10). Para 19.

The Committee recommends that the State party (a) systematically collect data on violence and bullying in schools; (b) monitor the impact of the student mental health and well-being initiatives recently introduced in schools on the reduction of the incidence of violence and bullying; and (c) assess the effectiveness of measures, legislative or otherwise, in countering violence and bullying.

Childcare facilities:  The Committee notes with concern the shortage of childcare facilities in the State party and regrets that childcare subsidies under the Working Families Scheme have reportedly benefited mainly middle and higher income households (arts. 9 and 10). Para 20.

The Committee calls on the State party to take specific measures to increase the number of childcare facilities and to ensure that the most disadvantaged and marginalized groups also have access to such services.

(E/C.12/1/Add.88)

Last reported: 12 May 2003
Concluding Observations adopted: 23 May 2003

Concerns raised:

Unemployment: There is a relatively high unemployment rate among young people. The Committee recommends that the State party strengthen its efforts to reduce unemployment among young people and requested further information on this matter in its next periodic report. (Paras 12, 24)

The relatively high suicide rate, especially among young people. The Committee calls upon the State party to take effective measures to address the relatively high suicide rate, particularly among young people. The Committee requests the State party to provide further information on this matter, on a comparative and disaggregated basis, in its next periodic report. (Paras 16, 31)

Discrimination: Inequalities persist between the Maori and non-Maori people in access to education and the high drop-out rates, especially among Maori children and young people and the disadvantaged and marginalised groups. The Committee urges the State party to take remedial action to ensure that the indigenous Maori people have equal access to education. The Committee encourages the State party to provide human rights education in schools at all levels and to raise awareness about human rights, in particular economic, social and cultural rights, among State officials and the judiciary. (Paras 20, 35, 36)

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UN Committee against Torture

(CAT/C/NZL/CO/5)

Last reported 1 and 4 May 2009
Concluding Observations published: 14 May 2009

Concerns raised:

  • Juvenile justice: Juvenile offenders are not systematically separated from adult offenders, and in some cases, are still detained in police cells for several months. The Department of Corrections built four specialist youth units in male prisons in 2005. However, the Committee requests that the State party ensure full implementation of juvenile justice standards. It recommends that the State party adopt the Bill amending the Children, Young Persons and their Families Act of 1989 in order to ensure that all persons under 18 in conflict with the law are accorded special protection. The Committee also requests the State Party to ensure the availability of sufficient youth facilities so that all juveniles in conflict with the law are held separately from adults in pre-trial detention, as well as after correction. (Para 8)
  • The low age of criminal responsibility and the fact that special protection under the Children, Young Persons and their Families Act of 1989 is not accorded to all persons under 18 in conflict with the law. The Committee encourages the State party to raise the age of criminal responsibility in compliance with accepted international standards. (Para 8)
  • Conditions of detention: The Committee notes with concern the insufficient number of prison facilities in light of the forecasted growth in prisoners numbers which may lead to inter-prisoners' violence. The Committee is also concerned at the inadequate provision of mental health care and legal services to mentally ill inmates in prisons. The Committee is concerned at the use by prison authorities of instruments of physical restraint that may cause unnecessary pain and humiliation. (arts. 11 and 16)

    In order to improve the arrangements for the custody of persons deprived of their liberty, the State party should undertake measures to reduce overcrowding, including consideration of noncustodial forms of detention in line with the United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules), and in the case of children in conflict with the law ensure that detention is only used as a measure of last resort. It should also provide adequate mental health care and legal services for all persons deprived of their liberty, particularly to inmates suffering from mental illnesses. The State party should keep under constant review the use of instruments of restraint that may cause unnecessary pain and humiliation, and ensure that they are used only when necessary, and that their use is appropriately recorded. (Para. 9)

  • Allegations of ill-treatment: The Committee is concerned that allegations of cruel, inhuman or degrading treatment , inflicted by persons acting in an official capacity against children in State institutions, and against patients in psychiatric hospitals have not been investigated, perpetrators not prosecuted, and victims not accorded redress, including adequate compensation and rehabilitation. (arts.12, 14 and 16). (Para. 11)
  • Use of Taser weapons: There are reports that during the trial period taser weapons have been predominantly used on Maoris and youths. The Committee suggests that the State party should consider eliminating the use of electric taser weapons. (Para 16)

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UN Committee against Torture: Follow-up

27 April - 15 May 2009

The Committee requests the State party to provide, within one year, information on measures taken in response to the Committee's recommendations, as contained in paragraphs 9, 11, 14 and 16 (detailed above)

The State response, received 19 May 2010 (CAT/C/NZL/CO/5/Add.1) can be found here.

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UN Committee on the Elimination of Discrimination against Women

(CEDAW/C/NZL/6)

Last reported: 2 August 2007
Concluding Observations issued: 10 August 2007

Concerns raised:

  • Trafficking: There is a lack of information about the extent of trafficking in women and girls in New Zealand and the absence of measures taken to address this issue. The Committee requests the State party to provide, in its next report, comprehensive information and data on trafficking in women and girls on the number of prosecutions and convictions and on measures taken to combat such activities. (Paras 28, 29)
  • Migrant women and girls: The Committee expresses concern about the exploitation of migrant women and girls in prostitution and the lack of measures to provide protection and assistance for migrant women. The Committee urges the State party to provide a comprehensive assessment of the Prostitution Reform Act of 2003, including statistical data and measures taken in response to the findings. (Paras 28, 29)
  • The limited access to education of low-income children and children living in rural areas. To combat this problem, the Committee urges the State party to fund schools adequately and take measures to ensure that children from low-income families and families living in rural areas are not discriminated against in the provision of education. It further encourages the State party to raise awareness of the importance of education as a fundamental human right and as a basis for the empowerment of women. (Paras 32, 33)

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UN Committee on the Elimination of Racial Discrimination

CERD/C/NZL/CO/21-22

Last reported: 15 March 2016
Concluding observations issued: 22 September 2017

Positive aspects:

The Committee also welcomes the State party’s recent efforts to establish policies, programmes and administrative measures to further ensure the protection of human rights and the implementation of the Convention, including: english as a second language support for students of migrant and refugee backgrounds in schools (para. 4, d).

Concerns and recommendations:

Health

The Committee urges the State party to significantly reduce overall hospitalisations for medical conditions with a social gradient; and reduce disparities in both hospitalisation and mortality rates, particularly amongst Māori and Pasifika children.  (para 28).

Māori and Pasifika children

The Committee is alarmed by reports of the alleged abuse of children in foster care or state institutions that are alleged to have included physical, sexual and emotional abuse. The reports focus on a period of approximately 40 years, during which time possibly 100,000 children were in care, the majority of whom were Maori children. The Committee notes the State party has expressed its intention to compensate victims. However, the Committee is concerned that such an approach by the State party will fail to expose the systemic problems that may have existed. The Committee is also concerned that Maori children are still more likely to be placed in state care. It notes the recent amendments to the Orange Tamariki Act 1989 (Children, Young Persons, and Their Families Legislation Act 2017) provides certain safeguards for children in care but concerns remain about among other things, parliamentary proposal to send “young offenders” to a military style boot camp for a year. (arts. 2, 5, 6)(para 33).

The Committee recommends that the State party: immediately set up and empower an independent commission of inquiry into abuse of children and adults with disabilities in state care from 1950 until 1990, with the authority to determine redress, rehabilitation and reparations for victims, including an apology from the State party; and take effective steps to reduce the number of Māori and Pasifika children in state care, including through effective and comprehensive application of the policy of "whanau first" placement for tamariki Māori (para 34).

Education

The Committee regrets the scarcity of information or socioeconomic indicators to demonstrate that improved access to all levels of the education system and improved qualifications from educational institutions have translated into upward social mobility for Maori and Pasifika (para. 37).

The Committee encourages the State party to provide in its next periodic report information on measures taken to improve the educational outcomes of Māori and Pasifika students (para.  38).

 

CERD/C/NZL/CO/18-20

Last reported: 20 / 21 February 2013
Concluding Observations issued: 17 April 2013

Issues raised:

Education and minority groups: The Committee notes the efforts of the State party to improve the status of the Mãori and Pasifika communities in New Zealand society, and welcomes the State party’s recognition that structural discrimination in the State party is partly responsible for the persistent poor outcomes that the members of the Mãori and Pasifika communities experience in the fields of employment, health and the administration of criminal justice. The Committee is also concerned at the high levels of school absenteeism and high dropout rates among Mãori and Pasifika pupils (arts. 2 and 5). Paragraph 15.

The Committee recommends that the State party intensify its efforts to improve the outcomes of the Mãori and Pasifika in the fields of employment, health and in the administration of criminal justice by, inter alia, addressing the existing structural discrimination in the State party. The Committee also recommends that the State party consider strengthening its special measures to increase the level of educational attainment of Mãori and Pasifika children, in particular by focusing its measures at addressing the root causes of absenteeism and high dropout rates in schools.

 

While noting that the teaching of Mãori language (te reo Mãori) is part of the general school curriculum and the existence of Mãori Immersion Units, the Committee is concerned at the finding by the Waitangi Tribunal that the language is at risk of erosion. The Committee also notes that the State party has adopted a Pasifika Language Framework but regrets that the Mãori language strategy is yet to be elaborated. It is also concerned at reports of inadequate funding to support the preservation of community languages (art. 2 and 5). Paragraph 17,

The State party should take specific measures aimed at preserving the Mãori and Pasifika languages, as well as community languages, by ensuring that adequate funding is allocated for specific programmes. The Committee also urges the State party to expedite the development of a new Mãori language strategy.

(CERD/C/NZL/CO/17)

Last reported: 31 July and 2 August 2007
Concluding Observations issued: 15 August 2007

Concerns raised:

  • Education: The New Zealand Curriculum, Draft for consultation 2006, does not contain explicit references to the Treaty of Waitangi. The Committee encourages the State party to include references to the Treaty of Waitangi in the final version of the New Zealand Curriculum. The State party should ensure that references to the Treaty in the curriculum are adopted or modified in consultation with the Maori. (Para 20). Note: This has now been done.
  • Undocumented children: Under the new Immigration Bill, undocumented children will only be authorised to attend school provided they are not alone in New Zealand and their parents are taking steps to regularise their status. The Committee notes, however, that the State party has decided to lift its reservation to the Convention on the Rights of the Child that limits access to publicly funded education and health services for undocumented children, and that it plans to amend its Immigration Act to eliminate the offence for education providers of enrolling children without the appropriate permit. The Committee encourages the State party to look at its general recommendation No. 30 (2004) on discrimination against non-citizens, and recommended that public educational institutions be open to all undocumented children, without restrictions. (Para 23)

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UN Committee on the Elimination of Racial Discrimination: Follow-up

13 March 2009

In its request for follow-up information, the Committee asked the State for more information on paragraph 23 of its Concluding Observations in its forthcoming report due to be examined on 11 December 2011. The letter states that:

"The Committee welcomes the interim measures taken by the State party to ensure that undocumented children, whose immigration status is being considered, still have access to education. The Committee asks the State party to make these measures permanent. Further, the Committee requests the State party to allow access to education to all known children within its territory, regardless of whether a child's status is under consideration. The Committee also recommends that the State party adopt as quickly as possible the draft of the Immigration Bill, which would remove the problems in connection with access to education."

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UN Committee on Migrant Workers

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UN Committee on the Rights of Persons with Disabilities

CRPD/C/NZL/CO/1

Adopted by the Committee: 29 September 2014

Published by the Committee: 31 October 2014

Issues raised:

Girls with disabilities:

The Committee recommends that this work be continued and strengthened to assist women with disabilities in obtaining education and employment and in combating domestic violence. The Committee alsorecommends that organizations representing women and girlswith disabilities be involved in these programmes (para.16).

Children with disabilities:

The Committee is concerned that it is still the case that some children with disabilities, especially Maori children with disabilities, have difficulty in accessing some government services, including health and education services. The Committee notes the recent work undertaken as part of the Disability Action Plan 2014–2018 to make services more accessible (para.17).

The Committee recommends that this work be increased to ensure that all children with disabilities are able to access government and related services, including to receive support to express their views (para.18).

Protecting the integrity of the person:

The Committee is concerned that parents may give consent for the sterilization of their disabled children, and that courts may orderthat adults undergo sterilization without theindividual’sconsent (para.37).

The Committee recommends that the State party enact legislation prohibiting the use of sterilization on boys and girls with disabilities, and on adults with disabilities, in the absence of their prior, fully informed and free consent (para.38).

Respect for home and the family:

The Committee is concerned that sections 141, 142, and 14 (2) ofthe Children, Young Persons and Their Families Act 1989 appear not to give children with disabilities the same protections as other children when they are placed in out-of-homecare. The Committee notes the passage of the Vulnerable Children Act 2014 (para.45).

The Committee recommends that these two statutes be re-examined to ensure  that children with disabilities have the same safeguards as other children when they are placed in out-of-home care (para.46).

Respect for home and the family:

The Committee is concerned that sections 141, 142, and 144(2) of the Children, Young Persons and Their Families Act 1989 appear not to give children with disabilities the same protections as other children when they are placed in out-of-homecare. The Committee notes the passage of the Vulnerable Children Act 2014 (para.45).

The Committee recommends that these two statutes be re-examinedto ensure that children with disabilities have the same safeguards as other children when they are placed in out-of-home care (para.46).

The Committee is concerned that section 8(1)(b) of the Adoption Act 1955 subjects disabled birth parents to differential treatment based on their disability. This provision enables consent to an adoption order to be dispensed with if the court is satisfied that the parent or guardian is unfit, by reason of any physical or mental incapacity, to be entrusted with the care and control of the child (para.47).

The Committee recommends that section 8 of the Adoption Act 1955 be repealed and that the statute be amended to ensure that parents with disabilities are treated on an equal basis with other parents with respect to adoption (para.48).

Education:

The Committee notes the steps being taken to increase inclusive primary and secondary education, and the ongoing challenges to making the education system fully inclusive, such as the lack of reasonable accommodation.The Committee is concerned at reports indicating that children with disabilities experience bullying in schools, and notes that there is no enforceable right to inclusive education (para.49).

The Committee recommends that further work be undertaken to increase the provision of reasonable accommodation in primary and secondary education, and to increase the levels of entry into tertiary education for persons with disabilities. The Committee encourages the State party to implement anti-bullying programmes and to establish an enforceable right to inclusive educatio (para.50).

Adequate standard of livingand social protection:

The Committee is concerned that persons with disabilities have a lower  socioeconomic status when compared with other New Zealanders. In particular, children with disabilities are overrepresented in statistics on child poverty and are more likely to be living in one-parent households. The support and income/pension provided to persons with disabilities differs according to the cause of their disability, which results in an unjustified and unreasonable difference in their standard of living and social protection (para.59).

The Committee recommends that a review be undertaken of disability-related costs to ensure a sufficient allocation of income/pension, in particular for children with disabilities, and their families (para.60).

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UN Committee on Enforced Disappearance

 

Organisation: 
Child Rights International Network
Articles: 
Article 2: Non-discrimination
Article 19: Protection from abuse and neglect
Article 24: Health and health services
Article 28: Education
Article 29: Aims of education
Article 30: Children of minorities or of indigenous peoples
Article 40: Administration of juvenile justice
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