UN disability rights experts concerned with NZ progress, call for urgent action

Friday, 16 September 2022

Photo of video screens of Dr Esther Woodbury delivering HRC's opening statement at the United Nations in Geneva.

A UN expert committee on disability rights says the New Zealand Government needs to ban unconsented sterilisation on disabled women and girls and take “urgent action” to amend laws that allow violence, abuse and neglect in institutions.

The committee’s advice formed part of a lengthy list of recommendations, following a two-day meeting of the United Nations Convention on the Rights of Persons with Disabilities examination in Geneva last month.

Many recommendations made by the committee in its concluding observations were regurgitated recommendations from 2014 that have not been actioned.

The New Zealand Government and the Independent Monitoring Mechanism (IMM), representing civil society provided evidence to the examination regarding New Zealand’s adherence to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

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While the UN committee commended the Government on the establishment of Whaikaha – Ministry for Disabled People, the Royal Commission Inquiry into Abuse in State Care and the implementation of the Enabling Good Lives approach to disability support, it said there were still issues that needed urgent action.

The committee, made up of 18 international disability rights experts, said they were concerned with the lack of recognition that disability rights was a whole government responsibility and the lack of engagement with disabled people outside the disability portfolio.

Minister for Disability Issues Poto Williams speaks about the future of the new ministry.

Dr Esther Woodbury, lead adviser on disability at the Human Rights Commission as part of the IMM, said the Government needs to respond to the UN’s recommendations on living independently in the community to an adequate standard of living, and the forced sterilisation, contraception and abortions of disabled people.

Woodbury said that while there are groups that support tāngata whaikaha Māori, they were still disproportionately affected by the poor outcomes experienced by disabled people.

She said more investment was needed around ensuring the country’s adherence to the UNCRPD via monitoring mechanisms available through the convention.

One of the criticisms in the report was the Government “not responding to or incorporating” the recommendations from IMM reports.

Woodbury said the Government could be working with the IMM directly on how to monitor their own progress against the recommendations of the committee.

Minister for Disability Issues Poto Williams led the Government delegation and said New Zealand had made good progress since the last examination and the feedback would go far in shaping both future Government and Whaikaha initiatives.

In a written statement, she said the concluding observations were a “timely directive” for the Government as work commencedto progress the strategic implementation and practice of the Convention.

Director at the Office for Disability Issues Brian Coffey, representing the Government delegation, said the UN examination process in Geneva was challenging and the concluding observations were “much as we anticipated”.

“This is such an important process to get the deliberations of 18 international experts on the convention and on the rights of disabled people, that we want their responses to be a response to how things are, not how we hope things are,” he said.

Coffey said the establishment of Whaikaha and having a minister for disability issues in Cabinet gives him more confidence before they report to the UN committee again.

Despite recommendations made eight years ago which have yet to be implemented, Coffey said it was important to get a careful response from agencies to progressing the recommendations, not necessarily a quick response.

“We don't want compliance to the recommendations, we want real commitment from agencies,” he said.

“A quick response is often not the best response and actually getting that mandate as strongly as we can with the government processes.”

Housing Minister Megan Woods said a target of 15% for new build public housing was just a starting point.

At the examination in Geneva, UN committee chairperson and country co-rapporteur Rosemary Kayess was concerned that many of the 2014 concluding observations had not been implemented.

This includes a lack of action in regard to amending the Human Rights Act to recognise the denial of reasonable accommodation as discrimination, implementing law which protects disabled people’s autonomy and supported decision-making, a lack of sufficient New Zealand Sign Language interpreters and being “seriously concerned” over the continued use of restraint and seclusion practices.

Another concern the UN committee highlighted in 2014 and 2022 was the need for more accessible housing.

The UN committee said Kāinga Ora’s target of 15% accessible new builds for public housing was “modest” and recommended the Government commit to a target of 100% accessibility for new build public housing and introduce mandatory accessibility requirements for new housing constructed by the private sector.

In response, Housing Minister Megan Woods said a target of 15% was just a starting point and the Government was working towards Labour’s target of 25% of new public housing.

The New Zealand delegation at the UN in Geneva attending the UNCRPD Examination, was led by Minister for Disability Issues Poto Williams.

“We must be careful however, of adopting a one-size-fits-all approach. For example some sites may be too steep to practically include ramping across the site without significantly decreasing the density.”

Woods did not respond to questions on whether she was familiar with the UNCRPD or if there was work being done for mandatory accessibility requirements in the private sector.

In its observations, the UN committee stated that New Zealand’s immigration policy discriminates against disabled people due to the acceptable standard of health requirements and recommended a review and amendment of this policy.

Last week, Immigration NZ announced it was increasing the significant-cost health threshold for people seeking residence from $41,000 to $81,000 over a five-year period.

Chief Ombudsman Peter Boshier said the Ombudsman’s Office was an effective way for disabled people to get change in their situation if their rights had been breached.

MBIE Immigration policy manager Andrew Craig said New Zealand’s immigration health requirements meant all non-citizens and residents must meet the “acceptable standard of health” criteria that are required for any temporary or resident visa to ensure that they will not impose significant costs or demand on health, disability or special education services.

Craig did not respond to questions if the acceptable standard of health criteria discriminates towards disabled people.

Ricardo Menéndez March, Green Party spokesperson for immigration, said there was still an 'inherent discrimination on the basis of disability'.

National’s spokesperson for disability issues Penny Simmonds had read the report and agreed with some concerns about the lack of safeguards around the End of Life Choice Act, the Government’s Covid-19 response for people with disabilities, and violence and abuse towards disabled women.

“While this report only reflects UNCRPD’s assessment of the situation in New Zealand, I think it’s clear that there is still work to do towards progressing disability rights in New Zealand,” she said.

Matt Frost, who was principal adviser of lived experience on the Government delegation, said implementing the recommendations will require a “multi-year kind of approach”.

“We also recognise that starting that implementation now or as soon as we can rather than leaving that to 2028 or 2029 is not a helpful way to go,” he said.

Chief Ombudsman Peter Boshier, of the IMM, said New Zealand was seen as a leader in disability rights, but the country shouldn’t just “rest on our laurels”, he said.

“I still think we do things and develop policy without proper consultation,” he said.

“I don’t think it’s run thoroughly enough past the disabled community to see whether there are things missing.

“I understand and accept that the disabled community is frustrated by what it sees as an inability to get equality in terms of the Convention,” he said.

“It’s fair criticism that we’re not there yet.”

He said the Ombudsman’s Office was an effective way for disabled people to get change in their situation if their rights had been breached, and he takes that responsibility very seriously.

The IMM will meet again this month to review the UN’s concluding observations.