Statement of Intent 2013 to 2016 - Human Rights Commission

HUMAN RIGHTS COMMISSION | STATEMENT OF INTENT17Outcome area three:Violence and abuseOutcomePeople in New Zealand are free from violence and abuse.Situation analysisViolence, abuse and bullying remain among the mostintractable human rights issues in New Zealand. Theyundermine people’s right to safety and their ability to enjoyother fundamental rights, including the right to schooleducation.Violence in schoolsViolence presents a challenge in New Zealand schools andhas serious effects on victims. Effects include living withanxiety and fear, lowered self-esteem, engagement in risktakingbehaviours such as substance abuse and self harm,truancy, and early dropout from the education system.Victims may suffer mental health issues, relationshipdifficulties, and impeded emotional, behavioural andcognitive development. In extreme cases, some victimsmay resort to suicide.Harmful digital communication is of increasing concernto schools, students and parents. It can take a variety offorms, including cyber-bullying via email, blogs and socialmedia, and via text and voice messages. These media canbe used to intimidate and harass, spread damaging orhumiliating rumours and publish invasive and distressingphotographs.Violence against women and childrenIn OECD rankings, New Zealand rates poorly in terms ofchild health and safety, and in the past has had one ofthe highest rates of child maltreatment. Similarly, thelevel of violence against women in New Zealand remainshigh despite concerted efforts to tackle the problem. It isestimated that violence affects between a third to half ofall New Zealand women over their lifetime.Claims of historic abuse in State careIt is more than 10 years since the first civil proceedingsalleging historic abuse and ill-treatment while in State carewere instituted.Historic abuse claims are overwhelmingly from people whoexperienced ill-treatment when in State care as children. Inmany cases, those who experienced ill-treatment in Statecare had already been in the care of neglectful or abusiveAll are equal before the law and are entitledwithout any discrimination to equalprotection of the law.Article 7, Universal Declaration of Human RightsInternational human rights standardsThe core human rights standards for this outcome area arethe:1 Convention on the Rights of the Child (UNCROC),including the right to education2 Convention on the Elimination of DiscriminationAgainst Women (CEDAW)3 Convention Against Torture (CAT) which strengthensthe protection of persons deprived of their liberty.UN bodies have recently agreed to two new declarationsrelated to women’s rights. The ICC Amman Declaration2012 affirms women’s and girls’ rights are human rights,guaranteed in all human rights treaties.In 2013, the Commission on the Status of Women agreeda comprehensive statement on the elimination andprevention of all forms of violence against women andgirls, noting that gender-based violence persists in everycountry and is a pervasive violation of the enjoyment ofhuman rights.parents or guardians. The combined effect of early abuseand/or neglect in State care has lifelong effects on somepeople, leaving them vulnerable to mental illness; drugand alcohol addiction; and low basic literacy, numeracyand employment skills. A significant number of thosecurrently in New Zealand prisons were wards of the Stateas children.Efforts to progress claims of historic abuse through thecourts have been largely unsuccessful. The initiationof proceedings by increasing numbers of victims has,however, led to successive governments establishingalternative resolution processes, such as the ConfidentialListening and Assistance Service and the Ministry of SocialDevelopment’s Care, Claims and Resolution process.