COMMITTEE ON THE RIGHTS OF PERSONS WITH DISABILITIES CONSIDERS INITIAL REPORT OF NEW ZEALAND
The Committee on the Rights of Persons with Disabilities considered the initial report of New Zealand on its implementation of the provisions of the Conventions on the Rights of Persons with Disabilities.
Amanda Ellis, Permanent Representative of New Zealand to the United Nations Office at Geneva, said New Zealand’s commitment to the Convention was demonstrated through the partnership between the Government officials and representatives of persons with disabilities. The most recent survey has identified that a quarter of the New Zealand’s population, or 1.1 million people, identified as disabled. Two key milestones stood out in New Zealand’s efforts to implement the Convention; one was the establishment of a coordination mechanism on disability issues, and the other the establishment of the independent monitoring system enabled through a three-way partnership between the Human Rights Commission, the Office of the Ombudsman and the Convention Coalition. Other important developments included the Enabling Good Lives programme, developed by persons with disabilities, the use of New Zealand sign language and the new initiative to allow persons with disabilities to vote through a telephone dictation service. There was room to improve equal recognition before the law for persons with disabilities but the Government was committed to changing the situation.
Paul Gibson, Disability Rights Commissioner of the New Zealand Human Rights Commission, made a statement in which he said New Zealand had a history of violence and neglect of persons with disabilities, but the Independent Oversight Mechanism was a good way of working towards full implementation of the Convention. Systemic change in New Zealand’s education system needed to take place, not least the process of de-institutionalization of people with disabilities.
During the dialogue Committee Experts identified several areas where New Zealand needed to improve its implementation of Convention standards, raising concerns about the high number of persons with psychosocial disabilities who underwent compulsory treatment and the disparity in the health outcomes for persons with disabilities. Another area of concern was sexual violence against women and girls with disabilities, as well as the protection of their reproductive rights, including forced sterilization of girls with disabilities. Experts asked for improvements in accessibility of public websites to persons with disabilities, and asked New Zealand to remedy the shortage of interpreters in Maori sign language. They also asked for clarification of New Zealand’s adoption regulation of children with disabilities.
In concluding remarks, Mr. Ronald McCallum, Committee Member acting as country rapporteur for the report of New Zealand, said that New Zealand had a good record in implementing the Convention. The dialogue was part of an international long-term process; Governments had expectations and disability organizations had theirs.
In concluding remarks, Mr. Carl Reaich, Deputy Permanent Representative of the Permanent Mission of New Zealand to the United Nations Office at Geneva, reiterated New Zealand’s commitment to the development of the Convention on the Rights of Persons with Disabilities, and to building an inclusive society in New Zealand in which persons with disabilities enjoyed the same rights on an equal basis as everyone else.
The delegation of New Zealand included representatives from the Ministry of Social Development, Ministry of Health, Ministry of Education, Ministry of Business, Innovation and Employment, Ministry of Foreign Affairs and Trade, the Crown Law, the Accident Compensation Corporation and the Permanent Mission of New Zealand to the United Nations Office at Geneva.
Mr. Paul Gibson, the Disability Rights Commissioner from the New Zealand Human Rights Commission, also offered his concluding remarks, and thanked the Government of New Zealand for having engaged in dialogue with representatives of persons with disabilities.
The next public meeting of the Committee will take place on Tuesday, 16 September, at 3 p.m. in Palais Wilson when it will discuss the initial report of Mexico.
Report
The initial report of New Zealand (CRPD/C/NZL/1).
Presentation of Report
AMANDA ELLIS, Permanent Representative of New Zealand to the United Nations Office at Geneva, said New Zealand’s commitment to the Convention was demonstrated through the partnership between the Government officials and representatives of persons with disabilities. The most recent survey has identified that a quarter of the New Zealand’s population, or 1.1 million people, identified as disabled. The main concern of the Government was to promote their access in the community, such as reviewing the building accessibility regulatory system, and improving the accessibility of transport services.
Two key milestones stood out in New Zealand’s efforts to implement the Convention on the Rights of Persons with Disabilities. The first milestone was the establishment of a coordination mechanism as identified in Article 33 of the Convention. In 2009 the New Zealand Government established a ministerial committee on disability issues to provide coherent overall direction for disability issues. The Committee was charged with improving the Government’s responsiveness to persons with disabilities as envisaged in by the 2001 New Zealand Disability Strategy. The second milestone was the establishment of the independent monitoring system enabled through a three-way partnership between the Human Rights Commission, the Office of the Ombudsman and the Convention Coalition, which was a group of organizations of persons with disabilities.
The two milestones, and the role that independent monitors played in providing feedback directly to the Government, resulted in a fundamental change in the way the Government worked. The new Disability Action Plan 2014-2018 thus changed significantly and now reflects partnerships with all seven of the national disability organizations, across five areas: safety and autonomy, well-being, self-determination, community and representation. In addition to the new way of working with organizations of persons with disabilities, the Government adopted the Enabling Good Lives approach, which was developed by persons with disabilities, based on their vision of what disability support should look like. The Enabling Good Lives approach was a demonstration projects in two regions in New Zealand. Its main goal was to allow persons with disabilities to choose when, where and how they received support rather than that decision being made by the Government or by service provider organizations.
The use of New Zealand sign language, which had been in use since 2006, was another significant development. The Government had committed $6 million dollars to support the promotion and maintenance of that language. An important part of the work was supporting tri-lingual interpreters who were fluent in New Zealand Sign Language, Te Reo Maori and English. Another development was that for the first time this year persons with disabilities in New Zealand would be able to cast their vote secretly through a new telephone dictation service. Ms. Ellis said that there was room to improve equal recognition before the law for persons with disabilities. Negative attitudes and challenges with implementation of the legislation resulted in unequal treatment of persons with disabilities, but the Government was committed to changing the situation. Steps were also being taken to ensure that children with disabilities had the same rights to live with their families as non-disabled children.
Statement by Representative of the Human Rights Commission of New Zealand
PAUL GIBSON, Disability Rights Commissioner of the New Zealand Human Rights Commission, stressed that the Independent Oversight Mechanism established in the country was a good way of working towards full implementation of the Convention. He stressed that indigenous New Zealanders, the Maori, intended to leave to future generations a protected space. He also drew attention to the issue of violence and abuse experienced by people with disabilities, saying New Zealand had a history of violence and neglect of persons with disabilities. A systemic change in New Zealand’s education system needed to take place, not least the process of de-institutionalization of people with disabilities.
Questions by Committee Experts
ROLAND McCALLUM, Committee Member acting as country rapporteur for the report of New Zealand, thanked the Government of New Zealand for their report, and the New Zealand’s Disability Rights Commissioner Paul Gibson for his statement. He also thanked the civil society of New Zealand for assisting in the work of the Committee. He commended New Zealand for the good will towards persons with disabilities, and recognized the Disability Action Plan 2014-2018, and the fact that the New Zealand Sign Language was one of the three official languages in that country.
Mr. McCallum asked for more information on programmes to stop violence against women and girls with disabilities, which was endemic in almost every country in the world, and to hear about plans to establish a tribunal rather than court proceedings to deal with offences involving persons with disabilities. It seemed that not all disabled children in New Zealand had access to education. Referring to health and employment, he said that it appeared that the Maori and the Pacific Islands persons with disabilities had poorer outcomes than average New Zealanders. He urged the State Party to ratify as soon as possible more Convention provisions.
Committee Experts asked New Zealand to elaborate on provisions and limits of reasonable accommodation for persons with disabilities, such as sanctions against those who failed to implement the building standards and guidelines; the breakdown of numbers of persons with disabilities in relation to gender, age and ethnicity, and how the Government planned to ensure the transparency of decision making that influences the lives of persons with disabilities.
Other questions concerned concrete timeframe and deliverables for the implementation of the National Disability Action Plan, mainstreaming ways of combating violence against women and girls with disabilities, the availability of transport services for persons with disabilities, and whether services for persons with disabilities were also available in the suburbs and rural areas, and to non-nationals.
Experts also asked for elaboration on the specific reference in the domestic violence law to aid children with disabilities because they were three to four times more likely to be abused or neglected and minimum wage guarantee for persons with disabilities. One expert said that many factories did not guarantee accessibility conditions for persons with disabilities, thus jeopardizing their inclusion in the labour market. Another expert shared a view expressed by some members of disability non-government organizations that they were not equal partners in the implementation of laws on persons with disabilities.
Experts also enquired whether multiple and intersectional discrimination, and disability by association was recognized by the New Zealand’s law He also wanted to know whether there were any national organizations representing persons with psychosocial disabilities. They pointed out a high number of persons of disabilities among the Maori population, and a high rate of unemployment and poverty among this population. Experts asked how New Zealand could explain that phenomenon knowing that New Zealand was a wealthy country.
Other line of questions concerned a special education stream within the traditional schooling system, as well as potential barriers for children with disabilities attending standard schools. A related concern voiced by some experts was the acceptance of local authorities that parents placed their disabled children in home care centers. Experts enquired whether New Zealand put in place the transition from the medical model of psychosocial disability to the rights based approach so that they were not necessarily placed in institutions and could live with their families and be productive in their society.
An Expert asked how effective New Zealand’s building code was in the reconstruction and renovation of buildings and facilities following the 2011 earthquake, and how the rebuilding influenced the quality of life of persons with disabilities.
Sexual violence against women and girls with disabilities was raised by an Expert who quoted 2009 figures which set out that 33 per cent of women in New Zealand had suffered from sexual violence and all of them were women with disabilities. She wished to learn about specific measures that Zealand had undertaken to tackle the issue.
The issue of digital hate speech against persons with disabilities, which was previously noted by the Autistic Minority International organization. The delegation was also asked whether policies on indigenous peoples included indigenous persons with disabilities, whether New Zealand had a mechanism to prevent torture of persons with disabilities, and whether persons with psychosocial and intellectual disabilities were particularly vulnerable in that respect.
Response by the Delegation
A delegate said the Government expected to provide an update on New Zealand’s implementation of the Optional Protocol of the Convention next year. Concerning reasonable accommodation for persons with disabilities, they said the guidelines of the Ministry of Justice had been delayed, but that the concept of reasonable accommodation was already considered part of New Zealand’s law and of the Antidiscrimination Law.
Regarding intersecting grounds of discrimination, a delegate said it was possible to advance claims that a person had been unlawfully discriminated against based on disability. There was a case where a person’s disability and association with family members led to claims of compensation. It was possible to take claims to the Human Rights Review Tribunal.
Concerning the questions on timeframes, milestones and deliverables in the implementation of the Disability Action Plan, a delegate said they were established through and reflected discussions that the Government held with each of the seven national organizations of persons with disabilities, as well as technical experts. The Government was still scoping concrete actions and would have concrete timeframes next month. Representatives of persons with disabilities met with Government officials every three months in order to provide input on issues. Certain actions had received specific budget allocations, such as the Enabling Good Lives, and each working group was identifying measures of progress in the implementation of the Disability Action Plan, which was renewed every year.
A delegate said that persons with psychosocial disabilities and Maori persons with disabilities each had their representative organization. There also exists a Maori advisory group and a Pacific advisory group. However, representation of the interest of youth and children with disabilities still needed to be improved.
Access of persons with disabilities to mainstream services was ensured through consultation with representatives of persons with disabilities. Following the 2011 earthquake, an earthquake disability leadership group emerged and they had advocated for the rights of persons with disabilities and accessibility standards during the recovery and reconstruction period. The mechanism for enforcing the accessibility code was ensured through the provisions of the National Building Act.
A delegate said that compensation was available for breaches or non-compliance with the Human Rights Act. When low-level mechanisms for resolving disputes were not successful, they could be brought to the Human Rights Tribunal. Monetary remedies were not always available because a number of claims were resolved through alternative dispute resolution systems.
The Government needed to improve work regarding the minimum wage for persons with disabilities, agreed a delegate, and it also recognized the problem of inequalities for Maori persons with disabilities. The current Government dealt with the issue through a programme called “Bono Ora” which aimed to improve the lives of the Maori people and Maori persons with disabilities. Delegation representatives said that the Maori were overrepresented in the deaf community and that there had been a shortage of interpreters in Maori New Zealand language. The Government was focusing on remedying those issues. Another area where the Government needed to invest more effort was the high percentage of people with disabilities who did not have an educational qualification; some 38 per cent.
Regarding accessibility, a delegate said most services in New Zealand were available to everyone regardless of residence, except access to income support. There had been some challenges in providing services in suburbs and rural areas, such as transport and health services, due to the spread of the population in the country. However, there had been a reduction in the number of persons with disabilities being placed into residential care facilities.
Speaking of the digital hate speech in relation to persons with disabilities, a delegate confirmed a new bill on harmful digital communications had been introduced in the House of Representatives.
Questions by Experts
Experts asked further questions, especially regarding lessons learned following the 2011 earthquake, and the subsequent initiatives with other countries. Another expert asked whether the Government had any mechanism to guarantee that all processes of disaster risk reduction were accessible to persons with disabilities, such as warning, preparedness and risk management, and recovery.
Other questions concerned the minimum number of persons with disabilities necessary for the application of reasonable accommodation, cases of exclusion based on disability, possibilities for persons with disabilities to receive legal counsel and legal aid in disability-based discrimination proceedings, and the training on the Convention on the Rights of Persons with Disabilities for the judiciary.
Concern was expressed over the high number of Maori persons with disabilities who received compulsory medical treatment, and that forced sterilization of youth and children with disabilities was practiced in New Zealand. They also asked whether civil defense information was available in an accessible format, including video sign language in Maori.
What sorts of institutions and residential homes were there for persons with disabilities in New Zealand, an Expert asked, wondering what community-based services were available.
The final group of questions referred to affirmative actions to promote the participation of persons with disabilities in the justice system, and to the monitoring of living conditions for elderly persons with disabilities, as well as to how disability policies in New Zealand treated indigenous peoples with disabilities.
Response by the Delegation
A delegate answered questions about compulsory treatment, explaining that New Zealand’s mental health system was based on a recovery framework with unrestricted access. Those persons receiving specialist mental health services did so in the community. Ninety-one per cent of people received compulsory treatment in an acute patient setting. Some might be placed under compulsory treatment when they posed danger to themselves or others. The danger had to be a result of acute mental illness that the person was suffering. After one month in compulsory treatment, clinicians must seek the person’s consent in order to continue with the treatment.
The Government was concerned about the trend of overrepresentation of the Maori in the mental health services, but did not understand the exact causes. The Government therefore required the health service system to monitor and reduce the number of the Maori who are under compulsory treatment. It was committed to reducing the number of seclusion in New Zealand. In February 2010 it issued the best practices about seclusion in patient services. Since 2009 the number of secluded patients was reduced by 18 per cent. In addition, the total number of hours of seclusion decreased by 36 per cent. Answering a question about the treatment of intellectually disabled offenders, the Delegation said that the Intellectual Disability Compulsory Care and Rehabilitation Act, introduced in 2003, provided for the transfer of the care for intellectually disabled offenders from the justice system to the health system.
Concerning reasonable accommodation, a delegate described a particular case before New Zealand’s Court of Appeal, which concerned whether it had been reasonable for an airline to require a person with disabilities to pay for the cost of extra oxygen that she had required when flying. The court ruled that it would not be a breach of the Human Rights Act not to supply facilities or services that a disabled person required if the person supplying them could not be reasonably expect to provide them in the special manner required. The court confirmed that the interpretation required analysis of the proportionality or reasonableness and evidential foundation. The analysis had to be context and fact specific, concluded the delegate. A priority in New Zealand’s Disability Action Plan was to develop guidance on the concept of reasonable accommodation in employment contexts, a delegate added.
Speaking about education services and qualifications for persons with disabilities, the Delegation presented data for the period 2006 to 2013. There were fewer persons with disabilities aged 25 to 64 who reported that they did not have education qualifications. In 2006, 39 per cent qualified as such, while in 2013, some 28 per cent declared they did not have educational qualifications.
Turning to issues of justice and the provision of legal advice to persons with disabilities a delegate said judges in New Zealand received regular training on substantive law issues through the independent and judiciary-led institute of judicial studies. The Institute of Judicial Studies was able to prioritize a specific area of concern.
As for greater participation of persons with disabilities in the judicial system, the delegation said they understood the Committee’s point, and while there was no particular affirmative action for the justice sector, the Disability Action Plan prioritized improving the participation of persons with disabilities in public employment. There was growing public consciousness of the importance of diversity. A deaf person did serve on a jury in 2005. That person was selected to be the leader of jurors in that case. Judges could discharge potential jurors if that person was not capable of acting effectively on a jury.
Turning to access to legal advice and information for persons with disabilities, the Delegation explained that legal information could be routinely provided to communities and much was available online. There were also legal advice clinics to advise people so they did not need to engage private legal services. For people who required private legal services, for civil matters, the New Zealand legal aid system was available to applicants who were unable to afford to pay up front for the legal services they required. Payment levels could be kept in order to ensure that the available budget for legal aid was made available to as many eligible persons as possible. New Zealand had also established an independent office of human rights proceedings. The office took cases to a specialist human rights review tribunal on behalf of people who claimed discrimination.
Accident compensation issues were handled by the Accident Compensation Corporation and people could apply for help regardless of where and when the injury happened. Anyone visiting New Zealand could use that compensation. In 2013, the Cabinet introduced a cross-Government injury prevention work plan. The Agency recognized that it could do more across the disability system. The Corporation was working to increase the disabled persons representation. Legal aid was available for disbursements, instruction specialists and pre-court proceedings. There were improved and simpler processes for applying for legal aid beyond the standard rates where the claim or the case was more complex, or in order to address the special needs of the claimant. The Government expected to reduce the time necessary to process claims, and additional funding would be provided to remove the existing backlog of cases in the district court system. The Government recognized the importance of disabled people advocates and legal practitioners in the Accident Compensation Corporation context.
Following the Canterbury 2011 earthquakes the Government ran a national symposium for disabled people to ensure that emergency management information was available to them.
Intellectually disabled people could be sterilized with their parents’ consent and agreement of medical practitioners, confirmed a delegate. Children with intellectual disabilities could only be sterilized without consent with court authorization. The sterilization of children in New Zealand happened very rarely. Nevertheless, data on sterilization was not well collected. The Government recognized that data collection regarding the issue needed to be improved and welcomed the Committee’s further guidance on that issue.
Regarding support for victims of abuse, a delegate said the Government had established a non-judgmental forum for people who experienced abuse. During 2014, the Human Rights Commission voted to give stakeholders a workshop to discuss the issue of historical abuse.
Residential services for persons with disabilities and older disabled people and the services they offered were described by a delegate, who said they offered support that enabled persons with disabilities to participate in the community life in line with persons’ preferences and needs. Day programmes offered a variety of activities, and tailored activities that helped persons match their interests. New Zealand’s policy was to support older persons with disabilities to live independently in their own homes in the community as long as possible. For those no longer able to do that, residential facilities were available. The Government actively monitored such facilities.
With regard to sexual violence against women and girls with disabilities, a delegate spoke about recent research on those who reported rape to police. The sample size was 58 persons, of which 52 were females, four male and two were transgender. Thirty-four per cent of the victims were persons with disabilities. The Government acknowledged that more work needed to be done to prevent sexual violence against women and girls with disabilities: it was a priority issue.
Concerning the Maori persons with disabilities, a delegate said national agencies planned to address the issues through implementing services shaped for and by Maori. The impact on Maori was monitored closely by the Government agencies, and inclusive education was being developed in Maori language schools. Many of the services had Maori staff, in particularly in the special education services.
Responding to Experts’ question about adoption issues and the rights of children with disabilities, a delegate said court processes ensured that independent and specialist assessments were made with regard to child’s placement with the adoptive parents. The judges must ensure that the report was persuasive. In cases when the applicant was unsuccessful, he or she could appeal to the High Court. The legislation on vulnerable children passed earlier this year provided for the protection of children with disabilities and ensured that they had the same rights as all other children. Currently the Government was working with disabled children associations to develop proper guidelines.
Questions by Committee Experts
Experts asked about the accessibility of public websites and libraries to persons with disabilities; access for sign language interpretation in everyday social activities as opposed to access within institutions, as well as the number of interpreters in Maori sign language interpreters, and captioning.
Adoption regulations for children with disabilities were also enquired about. An Expert said she did not understand why disability was still an indication of being an unfit parent by law, and why that law had not been repealed, because it was in violation of the Convention on the Rights of Persons with Disabilities.
Experts also enquired about the disparities in health outcomes for persons with disabilities and those without disabilities, as well as the access to health services from their homes. One Expert recalled that nine per cent of persons with psychosocial disabilities were subjected to compulsory treatment and other inhumane practices. She asked whether the Government considered abolishing compulsory treatment because it was contrary to the Convention. She also raised concerns that persons with psychosocial disabilities could not voice their concerns properly.
Experts also raised concerns about the quality of employment for persons with disabilities. An Expert said decent jobs with appropriate wage levels and long-term security employment should be available to persons with disabilities. He observed that data collection on the work experience of persons with disabilities in conjunction with reasonable accommodation should be part of the strategy to ensure return to work and employment. A related concern was whether the building code covered all the facilities in which persons with disabilities were employed.
The delegation’s response regarding the sterilization of persons with disabilities was not sufficient, said an Expert, asking how New Zealand protected the sexual and reproductive rights of girls and adolescents with disabilities in conformity with Convention standards.
A follow-up question on opportunities for older persons with disabilities to remain in their communities, and at what point they had to enter into some kind of nursing home, and whether that was done at person’s request. Questions also addressed New Zealand’s cut in funding for international initiative, and efforts to work with refugees with disabilities.
Responses by the Delegation
New Zealand promoted international cooperation through the New Zealand Aid Programme and other United Nations organizations. New Zealand’s aid programme was guided by policies that emphasized the importance of cooperating with and being inclusive of persons with disabilities. New Zealand reserved a quota for the most needed in the refugee population, which included persons with disabilities.
On inclusive education, a delegate said all children with disabilities had access to their local schools, and the same choice of schools as other children. At the same time, there were some 28 special schools available across the country. Some 0.4 per cent of children in New Zealand attend special schools. New Zealand did not have an enforceable right to inclusive education because every child had the right to attend their local school. New Zealand applied the principle of inclusive education, but parents wanted also to keep the option of special schools. In 2009, 50 per cent of the schools were mostly inclusive in their approach. A target was set in 2014 to increase that percentage to have 80 per cent of schools being fully inclusive. The Government developed a self-review tool for schools, and persons with disabilities are involved in the development of that tool. Currently, $530 million dollars was spent on special education in New Zealand schools, while $90 million was spent per year on specialist teacher services.
Discussions were under way on how and when older persons with disabilities would go into nursing homes. With regard to sterilization, a delegate noted that guidelines for families of women and girls with disabilities concerning fertility and reproductive rights were available on the pediatric society’s website.
Speaking of web accessibility issues, a delegate said that full accessibility was mandatory for public and state services, as well as non-public service departments. The number of sign languages interpreters was not available, but a delegate said the Government had worked with one of the organizations of persons with disabilities to increase their number. Scholarships were also made available to train interpreters in New Zealand Maori sign language. As for the issue of captioning, around 250 hours of free to air content of captions per week, which represented an increase of 70 hours per week. There has been some improvement, but there was room for progress in that area.
The Committee had raised an important point about the quality of employment for persons with disabilities and the Government sought to establish measures on progress in that area and to develop indicators, it would welcome the Committee’s feedback on that process.
Access to health services for persons with disabilities in New Zealand was facilitated by access from home. A total mobility scheme was provided through subsidized taxis for persons with disabilities. The Government acknowledged the substantially poorer health outcomes of persons with disabilities and sought to improve them.
Clarifying the issue of voting for persons with disabilities, the Delegation said that persons with psychosocial disabilities were not allowed to vote if they fell into one of narrow categories of the Intellectual Disability Acts of 1993: when detained in hospital, or detained for more than three years under specific criminal charges. At the upcoming elections persons with disabilities will be able to cast their votes through newly introduced tools, such as the telephone dictation service.
Concluding Remarks
CARL REAICH, Deputy Permanent Representative of the Permanent Mission of New Zealand to the United Nations Office at Geneva, reiterated New Zealand’s commitment to the development of the Convention on the Rights of Persons with Disabilities, and to building an inclusive society in New Zealand in which persons with disabilities enjoyed the same rights on an equal basis as everyone else. Furthermore, the Government of New Zealand had learned to listen to representatives of persons with disabilities, he added.
RONALD MCCALLUM, Committee Member acting as country rapporteur for the report of New Zealand, thanked the Delegation for having conducted a constructive dialogue with the Committee, and found the discussion fruitful. He said that New Zealand had a good record in implementing the Convention. The dialogue was part of an international long-term process; Governments had expectations and disability organizations had theirs. He hoped this dialogue would be a chapter between the New Zealand Government and those organizations.
For use of the information media; not an official record
CRPD14/007E