Statement of Intent 2013 to 2016 - Human Rights Commission

HUMAN RIGHTS COMMISSION | STATEMENT OF INTENT19Outcome area four:Human rights mainstreamingOutcomeHuman rights standards fully reflected in law, policy andpractice so the human rights of people in New Zealand areprotected.Situation analysisNew Zealand’s policy is that a treaty is only ratified oracceded to once all legislation required to implement it hasbeen passed. However, international treaty bodies haveconcluded that New Zealand still does not consistently orfully incorporate human rights standards in domestic lawor apply them comprehensively in the development oflegislation, policy and practice.Even in areas where law and policy are developedconsistent with, and reflect, international human rightsstandards, they are not always applied in practice.Few central or territorial government agencies haveincorporated human rights standards into their stafftraining and development. Complaints we receive oftenreflect this.A key responsibility of an NHRI, set out in the UN ParisPrinciples, is monitoring and reporting to UN bodies onnational compliance with ratified human rights treaties.The Commission’s role includes advising UN bodiesabout New Zealand’s human rights context, so theirrecommendations acknowledge human rights progressand more effectively identify steps required to furtherstrengthen human rights in New Zealand.Our monitoring and reporting responsibilities includeworking with the UN Human Rights Council on NewZealand’s next Universal Periodic Review, currentlyscheduled for the 18th session of the Universal PeriodicReview in January−February 2014. We anticipate engagingwith the Committee Against Torture, and the Committee onthe Rights of Persons with Disabilities during 2013−14. Wecontribute to an informal UNCROC monitoring mechanismwith the Office of the Children’s Commissioner, UNICEF,Action for Children and Youth Aotearoa, the Child PovertyAction Group, and Save the Children. Future opportunitiesmay exist for the Commission to contribute to an informalmonitoring mechanism for CEDAW.The Commission advocates and promotesrespect for, and an understanding andappreciation of, human rights in NewZealand society.Section5(1)(a), Human Rights ActThe Commission encourages themaintenance and development ofharmonious relations between individualsand among the diverse groups in NewZealand society.Section5 (1)(b), Human Rights ActThe Commission promotes, by research,education and discussion, a betterunderstanding of the human rightsdimensions the Treaty of Waitangi andtheir relationship with domestic law andinternational human rights law.Section5 (2)(d), Human Rights ActInternational Human Rights StandardsThe International Covenant on Economic, Social andCultural Rights (ICESCR) and the International Covenanton Civil and Political Rights (ICCPR) are the underpinninginternational human rights standards for this outcomearea. Other human rights treaties such as the Conventionon the Elimination of All Forms of Racial Discrimination(CERD), the Convention on the Elimination of DiscriminationAgainst Women (CEDAW), and the Disability Conventionidentify these rights for specific population groups. TheUN Declaration on the Rights of Indigenous Peoples is alsorelevant. Many provisions are already binding on NewZealand because they derive from international treatiesNew Zealand has ratified, while others are non-binding butset aspirational standards to be met.The Vienna Declaration and Programme of Action (1993)calls for states to develop national plans of action forthe promotion and protection of human rights. We aremandated to develop a national plan of action for thepromotion and protection of human rights in New Zealand.