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Summary: The violations highlighted are those issues raised with the State by more than one international human rights mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Please note this is a work in progress. Send comments to [email protected] The relatively high suicide rate among young people UN Committee on the Rights of the Child (February 2011) The Committee notes the efforts undertaken by the State party in the areas which affect adolescent health. However, the Committee is concerned at the increasing rate of teenage pregnancies, especially among girls from a lower socio-economic or Maori background and at the high suicide rates of teenagers, particularly Maori teenagers. The Committee recommends that the State party: Strengthen its efforts to provide adolescents with appropriate reproductive health services, including reproductive health education, in school and to promote a healthy lifestyle for adolescents; and Continue to address the issue of suicidal behaviour among adolescents across the State party, including by studying the root causes of this problem in order to provide targeted preventive measures. (Paragraphs 40 and 41) UN Committee on Economic, Social, Cultural Rights (May 2003) 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. (Paragraphs 16, 31) UN Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Rodolfo Stavenhagen (E/CN.4/2006/78/Add.3) Country visit: 16 to 26 November 2005 Higher rates of suicide among Maori youth than among other youth of the same age group, a situation that may reflect higher family dysfunctions and social disorganisation associated with a history of discrimination. (Paragraphs 72, p.18) _____________________________________________ Discrimination against Maori and inequalities between the Maori and non-Maori people, particularly in access to and quality education, infant mortality, and in the justice system UN Committee on the Rights of the Child (February 2011) While noting with interest the "Child Voices: Youth Choices" project and the various efforts undertaken by the State party to improve the situation of the Maori, particularly in the fields of education and health, the Committee remains concerned at continuing manifestations of discrimination against the Maori population, including children, as evidenced by their unequal access to services. The Committee recommends that the State party ensure full protection against discrimination on any grounds, including by: Taking urgent measures to address disparities in access to services of Maori children and their families; Strengthening its awareness-raising and other preventive activities against discrimination and, if necessary, taking affirmative action for the benefit of children in vulnerable situations, such as Maori and Pacific children, refugee children, migrant children, children with disabilities and lesbian, bisexual, gay and transgender children and children living with persons from these groups; and Taking all necessary measures to ensure that cases of discrimination against children in all sectors of society are addressed effectively, including with disciplinary, administrative or – if necessary – penal sanctions. (Paragraphs 24 and 25) The Committee encourages the State party, in its efforts to improve the situation of children belonging to indigenous groups, to take into account the observations and recommendations made by the Special Rapporteur on the rights of UN Committee on Economic, Social and Cultural Rights (May 2003) 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. (Paragraphs 20, 35, 36) UN Committee against Torture (May 2009) 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. (Paragraph 16) UN Committee on the Elimination of Racial Discrimination (August 2007) 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. (Paragraph 20). Note: This has now been corrected: http://nzcurriculum.tki.org.nz/Curriculum-documents/The-New-Zealand-Curriculum UN Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, Rodolfo Stavenhagen (E/CN.4/2006/78/Add.3) Country visit: 16 to 26 November 2005 Young Maori are overrepresented in the youth justice system. The Ministry of Justice considers that the current disparities justify targeted programmes and recommends that increased emphasis be placed on evaluation of ethnically targeted crime prevention and reduction programmes. (Paragraph 58, p.15) Maori students are disadvantaged in the school system. This is a problem which points to as yet unresolved issues concerning culturally appropriate educational methodologies. A major challenge for the educational system is to improve teacher training in the area of Maori education, including Maori teachers, and mainstream classrooms with Maori students. Mr Stavenhagen recommended that New Zealand ensure education for Maori at all levels, including teacher training programmes and the development of culturally appropriate teaching materials. (Paragraph 64, p.16, paragraph 97, p.21) _____________________________________________ Limited access to education for certain groups of children UN Committee on the Rights of the Child (February 2011) [...] However, the Committee is concerned that several groups of children have problems being enrolled in school or continuing or re-entering education, either in regular schools or alternative educational facilities, and cannot fully enjoy their right to 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, dropouts and non-attendees for different reasons. Furthermore, the Committee is concerned: That only 20 hours of free early childhood education and care are available and that there is limited access for many children, especially those in need; That many public schools are pressuring parents to make "donations"; That bullying is a serious and widespread problem, which may hinder children's attendance at school and successful learning; and At the number of school suspensions and exclusions and that it affects in particular children from groups which in general are low on school achievement. The Committee recommends that the State party: Ensure that all children have access to high quality early childhood education and care that, at a minimum, is free for socially disadvantaged families and children; Continue and strengthen its efforts to reduce negative effects of the ethnic (cultural, regional) and social background of children on their enrollment and attendance in school; Invest considerable additional resources in order to ensure the right of all children, including children from all disadvantaged, marginalized and school-distant groups, to a truly inclusive education ; Use the disciplinary measure of permanent or temporary exclusion as a means of last resort only, reduce the number of exclusions and ensure the presence of social workers and educational psychologists in school in order to help children at risk with their schooling Take steps to ensure that parents are not pressured into making donations to schools and that children are not stigmatized if their parents do not, or are unable to, make such donations; and Further intensify its efforts to eliminate bullying and violence in schools, including through teaching human rights, peace and tolerance. (Paragraphs 44 and 45) UN Committee on the Elimination of Discrimination against Women (August 2007) The Committee is concerned about 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. (Paragraphs 32, 33) The lack of resources for children with disabilities, particularly in education. Universal Periodic Review (May 2009) _____________________________________________ The high prevalence of child abuse UN Committee on the Rights of the Child (February 2011) The Committee welcomes the efforts undertaken by the State party to tackle the problem of abuse and neglect of children, in particular the increased efforts undertaken in the area of prevention such as through increased funding, the establishment of the Family Violence Ministerial Team, the Taskforce for Action on Violence within Families, and the establishment of the Independent Experts Forum on Child Abuse. However, the Committee remains alarmed at the high prevalence of abuse and neglect of children in the family and at the lack of a comprehensive nationwide strategy in this regard. The Committee regrets that there is still no comprehensive system of recording and analyzing abuses committed against children and that mechanisms for physical and psychological recovery and social reintegration of victims are not sufficiently available across the State party. The Committee recommends that the State party: Establish mechanisms for monitoring the number of cases and the extent of violence, sexual abuse, neglect, maltreatment or exploitation, including within the family, in schools and in institutional or other care; Ensure that professionals working with children (including teachers, social workers, medical professionals, members of the police and the judiciary) receive training on their obligation to report and take appropriate action in suspected cases of domestic violence affecting children; Strengthen support for victims of violence, abuse, neglect and maltreatment in order to ensure that they are not victimized once again during legal proceedings; and Provide access to adequate services for recovery, counseling and other forms of reintegration in all parts of the country. (Paragraphs 34 and 35) UN Human Rights Committee (March 2010) 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) Universal Periodic Review (May 2009) A - 50. Take further measures to ensure more effective protection of children against abuse or neglect (Czech Republic); _____________________________________________ Sexual exploitation and abuse of migrant girls UN Committee on the Rights of the Child (February 2011) The Committee notes the State party's indication that work to ratify the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography is advancing and that remaining issues will be addressed through the Child and Family Protection Bill, which is currently before the House of Representatives. The Committee also notes the activities undertaken by the State party to combat commercial sexual exploitation and abuse. However, the Committee is concerned about the exploitation of migrant girls in prostitution, and about the lack of data on child victims of sexual exploitation. The Committee encourages the State party to adopt the Child and Family Protocol Bill without delay in order to eliminate any obstacles to the ratification of the Optional Protocol to the Convention on the sale of children, child prostitution and child pornography. The Committee recommends that the State party take adequate measures to combat the exploitation of migrant girls in prostitution and that it intensify its efforts to collect data on the extent of sexual exploitation and abuse of children, which is essential for the preparation of adequate responses to combat these phenomena. (Paragraphs 50 and 51) UN Committee on the Rights of the Child (2003) - report to OPAC The Committee requests that the State party provide information in its next report refugee and migrant children within its jurisdiction that may have been involved in hostilities in their home-country and the assistance provided for their physical and psychological recovery and their social reintegration. (Paragraph 9). UN Committee on the Elimination of Discrimination against Women (August 2007) 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) Universal Periodic Review (May 2009) A - 56. Record and document cases of trafficking in women and children as well as exploitation of migrant women and girls in prostitution, and share the information with other countries in the region to facilitate greater cooperation in combating this problem (Malaysia); _____________________________________________ UN Committee on the Elimination of Discrimination against Women (August 2007) 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. (Paragraphs 28, 29) Universal Periodic Review (May 2009) A - 56. Record and document cases of trafficking in women and children as well as exploitation of migrant women and girls in prostitution, and share the information with other countries in the region to facilitate greater cooperation in combating this problem (Malaysia); _____________________________________________ The low minimum age of criminal responsibility UN Committee on the Rights of the Child (February 2011) The Committee reiterates its concern regarding the low age of criminal responsibility and regrets that the State party has lowered it from 14 to 12 years for grave and repeated offences, without providing a clear definition of these offences, and maintains the age of penal majority at 17 years. [...] It also recommends that the State party: Raise the minimum age of criminal responsibility in accordance with the Committee's general comment No. 10, and notably its paragraphs 32 and 33; Consider setting the age for criminal majority at 18 years; (Paragraphs 54 and 55) UN Committee Against Torture (May 2009) 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. (Paragraph 8) Universal Periodic Review (May 2009) NC - 48. Raise the age of criminal responsibility so that it complies with relevant international standards (Czech Republic); _____________________________________________ Juvenile offenders are not systematically separated from adults in detention UN Committee on the Rights of the Child (February 2011) [...] While noting the State party's indication that it has made significant progress towards the removal of the reservation to article 37(c) of the Convention regarding the separation of juveniles and adults in detention facilities, with reference to paragraphs 8 and 9 of the present concluding observations, the Committee expresses concern that females under the age of 18 in conflict with the law are held in the same places of detention as older female detainees. [...] [...] While awaiting the expeditious withdrawal of its reservation to article 37(c) of the Convention, ensure that, unless in his or her best interests, any child, male or female, deprived of liberty is separated from adults in all places of detention; [...] (Paragraphs 54 and 55) UN Human Rights Committee (CCPR/C/NZL/5) Last reported: 15 and 16 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. UN Human Rights Committee ( August 2002) The State party should finalize its review of its reservations relating to article 10 (relating to keeping children separated from adults) of the Covenant with a view to withdrawing them at the earliest possible date. (Paragraph 15). UN Committee against Torture (May 2009) 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. (Paragraph 8) Universal Periodic Review (May 2009) NC - 49. Ensure separate juvenile detention facilities for all juvenile offenders (Czech Republic);
Report published: 13 March 2006
indigenous peoples following his visit to New Zealand in July 2010 (A/HRC/15/37/Add.9), including with regard to the principles enshrined in the Treaty of Waitangi. The Committee also draws the attention of the State party to its general
comment No. 11 (2009) on indigenous children and their rights under the Convention. (Paragraph 58).
Report published: 13 March 2006
A - 46. Commit more resources to the provision of services for children with disabilities (Nigeria);
Concluding Observations adopted: 25 March 2010