UNCRPD recommendations: Specific rights (Articles 5-29)
This page explains how the Government has responded to recommendations about specific rights under the UN Convention on the Rights of Persons with Disabilities.
Equity and non-discrimination (article 5)
The UN Committee on the Rights of Persons with Disabilities recommends that the State party:
CO 8 (a)
Amend the Human Rights Act of 1993 to include an explicit recognition of the denial of reasonable accommodation as a form of discrimination and include a legislative definition of reasonable accommodation consistent with the meaning provided in article 2 of the Convention.
Response: The Ministry of Justice is leading the work responding to CO 8 (a).
Read recommendation CO 8 (a) on the Human Rights Monitor website external URL
CO 8 (b)
Adopt the legal and other measures necessary to provide for explicit protection from multiple and intersectional forms of discrimination, including discrimination based on the intersection between disability and other identities and life status, such as age, sex, gender, race, indigenous status, lesbian, gay, bisexual, transgender and intersex status, ethnicity, migratory status and national origin.
Response: The Ministry of Justice is leading the work responding to CO 8 (b), which will also be progressed by another action in the New Zealand Disability Strategy.
Read recommendation CO 8 (b) on the Human Rights Monitor website external URL
CO 8 (c)
Provide the New Zealand Human Rights Commission and the Human Rights Review Tribunal with the necessary financial and human resources for timely resolution of discrimination complaints.
Response: No action is currently planned for CO 8 (c).
Read recommendation CO 8 (c) on the Human Rights Monitor website external URL
Women with disabilities (article 6)
The Committee recommends that the State party:
CO 10 (a)
Strengthen measures and policy mechanisms, including within the gender impact statement and the disability perspective statement, to ensure that the issues for women and girls with disabilities, including for Māori, Pasifika persons and migrant women and girls with disabilities, are comprehensively addressed within gender and disability legislative and policy areas.
Response: The Ministry for Women and Whaikaha are leading work responding to CO 10 (a).
Read recommendation CO 10 (a) on the Human Rights Monitor website external URL
CO 10 (b)
Develop strategies and measures, including financial resourcing, to support women and girls with disabilities to develop their own representative organisation.
Response: The Ministry for Women and Whaikaha are leading work responding to CO 10 (b).
Read recommendation CO 10 (b) on the Human Rights Monitor website external URL
Children with disabilities (article 7)
The Committee recommends that the State party:
CO 12 (a)
Establish measures and standing mechanisms to ensure that children with disabilities, including Māori children with disabilities, are able to express their views on an equal basis with other children.
Response: Oranga Tamariki is leading work responding to CO 12 (a).
Read recommendation CO 12 (a) on the Human Rights Monitor website external URL
CO 12 (b)
Strengthen the collection of comprehensive disaggregated data on children with disabilities, including on Māori children with disabilities, to inform effective early intervention, particularly in the fields of education, care and protection, and youth justice.
Response: Oranga Tamariki is leading work responding to CO 12 (b).
Read recommendation CO 12 (b) on the Human Rights Monitor website external URL
Awareness-raising (article 8)
The Committee recommends that the State party:
CO 14 (a)
Adopt and fund a comprehensive national strategy to raise awareness throughout society, particularly among persons with disabilities, their parents and families, professional groups, the media and government officials at all levels, regarding the rights and dignity of persons with disabilities, in order to combat stereotypes, prejudice and harmful practices in all aspects of life and to create sustained and systemic attitudinal change.
Response: Whaikaha is leading work responding to CO 14 (a).
Read recommendation CO 14 (a) on the Human Rights Monitor website external URL
CO 14 (b)
Strengthen measures for close consultation and active participation of organisations of persons with disabilities, including underrepresented groups of persons with disabilities in the design, development and delivery of awareness-raising programmes about the rights and dignity of persons with disabilities.
Response: Whaikaha is leading work responding to CO 14 (b).
Read recommendation CO 14 (b) on the Human Rights Monitor website external URL
Accessibility (article 9)
The Committee recommends that the State party:
CO 16 (a)
Expedite implementation of the Building Act of 2004 and commit to targets and timeframes for implementation measures.
Response: Whaikaha and Standards New Zealand at Ministry of Business, Innovation and Employment are leading work responding to 16 (a).
Read recommendation CO 16 (a) on the Human Rights Monitor website external URL
CO 16 (b)
Adopt and implement an accessibility strategy underpinned by the principle of universal design to eliminate existing access barriers, in close consultation with and with the active involvement of organisations of persons with disabilities, including underrepresented groups, such as persons of small stature.
Response: Whaikaha is leading work responding to CO 16 (b).
Read recommendation CO 16 (b) on the Human Rights Monitor website external URL
CO 16 (c)
Adopt the principle of universal design and commit to a target of 100 per cent accessibility for any newly built public housing and introduce mandatory accessibility requirements for new housing constructed by the private sector.
Response: The following agencies are leading work responding to CO 16 (c):
- Whaikaha
- the Ministry of Social Development
- the Ministry of Housing and Urban Development
- the Ministry of Business Innovation and Employment.
Read recommendation CO 16 (c) on the Human Rights Monitor website external URL
CO 16 (d)
Establish a co-design and co-production process with organisations of persons with disabilities to address concerns about the Accessibility for New Zealanders bill, following release of the Select Committee’s report.
Response: No action is currently planned for CO 16 (d).
Read recommendation CO 16 (d) on the Human Rights Monitor website external URL
Right to life (article 10)
The Committee recommends that:
CO 18
Monitoring and review mechanisms for the End of Life Choice Act of 2019 provide publicly available information on the impact on persons with disabilities, including the effectiveness of safeguards to counteract negative perceptions held by medical professionals and to prevent coercion in decision making.
Response: The Ministry of Health is leading the work responding to CO 18.
Read recommendation CO 18 on the Human Rights Monitor website external URL
Situations of risk and humanitarian emergencies (article 11)
The Committee recommends that the State party:
CO 20
Closely consult with and actively involve organisations of persons with disabilities in designing and implementing COVID-19 response and recovery measures, informed by the recommendations contained in the report on making disability rights real in a pandemic, prepared by the Independent Monitoring Mechanism in 2021.
Response: The Ministry of Health is leading the work responding to CO 20.
Read recommendation CO 20 on the Human Rights Monitor website external URL
Equal recognition before the law (article 12)
The Committee recommends that the State party:
CO 22
Repeal any laws and policies and end practices or customs that have the purpose or effect of denying or diminishing the recognition of any person with disabilities as a person before the law, and implement a nationally consistent supported decision-making framework that respects the autonomy, will and preferences of persons with disabilities.
Response: Whaikaha and the Ministry of Justice are leading the work responding to CO 22.
Read recommendation CO 22 on the Human Rights Monitor website external URL
Access to justice (article 13)
The Committee recommends that the State party:
CO 24 (a)
Develop a disability justice strategy to address the overrepresentation of persons with disabilities in the care and protection, youth justice and prison populations, including by strengthening age-appropriate procedural accommodations, measures to prevent persons with disabilities coming into contact with the justice system, and training on disability rights in the justice and care and protection systems.
Response: No action is currently planned for CO 24 (a).
Read recommendation CO 24 (a) on the Human Rights Monitor website external URL
CO 24 (b)
Establish and adequately resource free independent advocacy and increase resources for community legal advice services.
Response: Oranga Tamariki is leading work responding to CO 24 (b).
Read recommendation CO 24 (b) on the Human Rights Monitor website external URL
Liberty and security of person (article 14)
The Committee recommends that the State party:
CO 26
Ensure that new mental health legislation embeds the Convention principles and standards to ensure that there are no provisions that allow for the deprivation of liberty on the basis of impairment or that allow for compulsory treatment, and that the development process actively involves persons with disabilities, particularly persons with psychosocial disabilities.
Response: The Ministry of Health is leading work responding to CO 26.
Read recommendation CO 26 on the Human Rights Monitor website external URL
CO 28 (a)
Repeal all provisions that allow for the deprivation of liberty on the basis of impairment, including the Substance Addiction (Assessment and Treatment) Act of 2017.
Response: No action is currently planned for CO 28 (a).
Read recommendation CO 28 (a) on the Human Rights Monitor website external URL
CO 28 (b)
Repeal provisions within the Intellectual Disability (Compulsory Care and Rehabilitation) Act of 2003 that allow for persons with disabilities to be detained for periods of time exceeding the maximum length of the sentence they would be liable to in the criminal justice system.
Response: The Ministry of Justice is leading work responding to CO 28 (b).
Read recommendation CO 28 (b) on the Human Rights Monitor website external URL
Freedom from torture or cruel, inhuman or degrading treatment or punishment (article 15)
The Committee recommend that the State party:
CO 30
Take immediate action to eliminate the use of solitary confinement, seclusion, physical and chemical restraints and other restrictive practices in places of detention.
Response: Actions in the New Zealand Disability Strategy will progress CO 30.
Read recommendation CO 30 on the Human Rights Monitor website external URL
Freedom from exploitation, violence and abuse (article 16)
The Committee recommends that the State Party:
CO 32 (a)
Develop measures to address the high rates of violence experienced by persons with disabilities and to combat all forms of gender-based violence for inclusion within outcome area 4 of the New Zealand Disability Strategy.
Response: The Executive Board for the Elimination of Family Violence and Sexual Violence, and the Ministry of Social Development are leading work responding to CO 32 (a).
Read recommendation CO 32 (a) on the Human Rights Monitor website external URL
CO 32 (b)
Incorporate gender-specific measures for the disability focus within the National Strategy to Eliminate Family Violence and Sexual Violence and ensure specific issues for women and girls with disabilities are mainstreamed throughout the Strategy.
Response: The Executive Board for the Elimination of Family Violence and Sexual Violence, and the Ministry of Social Development, and leading work responding to CO 32 (b).
Read recommendation CO 32 (b) on the Human Rights Monitor website external URL
The Committee recommends that:
CO 34
Urgent action be taken to amend legislative and policy frameworks that facilitate violence, abuse and neglect in institutions, to remove persons with disabilities from institutional settings with adequate support for living in the community, to investigate and sanction institutions and perpetrators and to provide victim and recovery support services and redress.
Response: Actions in the New Zealand Disability Strategy will progress CO 34.
Read recommendation CO 34 on the Human Rights Monitor website external URL
Protecting the integrity of the person (article 17)
The Committee urges the State party to:
CO 36 (a)
Immediately place a moratorium on sterilisation, contraception and abortion procedures performed without personal consent, and take urgent action to adopt uniform legislation prohibiting such procedures on women and girls with disabilities.
Response: Health New Zealand is leading work responding to CO 36 (a).
Read recommendation CO 36 (a) on the Human Rights Monitor website external URL
CO 36 (b)
Adopt clear legislative provisions that explicitly prohibit the performance of unnecessary, invasive and irreversible medical interventions, including surgical, hormonal or other medical procedures on intersex children before an age at which they can provide informed consent.
Response: The Ministry of Health is leading work responding to CO 36 (b).
Read recommendation CO 36 (b) on the Human Rights Monitor website external URL
CO 36 (c)
Develop and implement a child rights-based health-care protocol for intersex children, setting the procedures and steps to be followed by health teams, ensuring that no one is subjected to unnecessary medical or surgical treatment during infancy or childhood, guaranteeing the rights of children to bodily integrity, autonomy and self-determination, and provide families with intersex children with adequate counselling and support.
Response: The Ministry of Health is leading work responding to CO 36 (c).
Read recommendation CO 36 (c) on the Human Rights Monitor website external URL
CO 36 (d)
Adopt legislative provisions to prohibit growth attenuation treatment (Ashley Treatment), including a prohibition on procedures sought outside New Zealand.
Response: Health New Zealand is leading work responding to CO 36 (d).
Read recommendation CO 36 (d) on the Human Rights Monitor website external URL
CO 36 (e)
Adopt legal provisions to provide legal remedies and holistic redress to victims of medical interventions performed without personal consent, including access to support and recovery services and adequate compensation.
Response: The Accident Compensation Corporation (ACC) is leading work responding to CO 36 (e).
Read recommendation CO 36 (e) on the Human Rights Monitor website external URL
CO 36 (f)
Develop measures to ensure reporting and data collection on sterilisation, contraception and abortion procedures performed without personal consent, on non-urgent medical interventions performed on intersex children and on growth attenuation treatment.
Response: Health New Zealand and the Ministry of Health are leading work responding to CO 36 (f).
Read recommendation CO 36 (f) on the Human Rights Monitor website external URL
Liberty of movement and nationality (article 18)
The Committee recommends that the State party:
CO 38 (a)
Review and amend its immigration and asylum legislation and administrative rules, in close consultation with and with the active involvement of organisations of persons with disabilities and migrants and refugees, to ensure that persons with disabilities do not face discrimination in any of the formalities and procedures relating to immigration and asylum, in particular as a result of the application of the acceptable standard of health requirements.
Response: No action is currently planned for CO 38 (a).
Read recommendation CO 38 (a) on the Human Rights Monitor website external URL
CO 38 (b)
Reverse the ineligibility under the acceptable standard of health medical waiver policy of persons with disabilities whose impairment requires full-time care.
Response: No action is currently planned for CO 38 (b).
Read recommendation CO 38 (b) on the Human Rights Monitor website external URL
CO 38 (c)
Repeal section 392, paragraphs (2) and (3), of the Immigration Act of 2009, which prohibits the lodging of immigration-related complaints to the Human Rights Commission.
Response: No action is currently planned for CO 38 (c).
Read recommendation CO 38 (c) on the Human Rights Monitor website external URL
Living independently and being included in the community (article 19)
The Committee recommends that the State party:
CO 40 (a)
Expedite the national rollout of the Enabling Good Lives programme and ensure that all persons with disabilities, including people with foetal alcohol syndrome disorder, are eligible.
Response: No action is currently planned for CO 40 (a).
Read recommendation CO 40 (a) on the Human Rights Monitor website external URL
CO 40 (b)
Develop a comprehensive deinstitutionalisation strategy, with specific timeframes and adequate budgets, to close all residential institutions, including group homes and residential specialist schools, to provide community supports for persons with disabilities to live independently in the community.
Response: The Ministry of Social Development is leading work responding to CO 40 (b).
Read recommendation CO 40 (b) on the Human Rights Monitor website external URL
CO 40 (c)
Develop measures to remove barriers for persons with disabilities to choose where and with whom they live, including by committing to increase the supply of affordable and accessible housing and by reforming programmes, such as the Disability Community Residential Support Services Strategy to prevent congregate living arrangements linked with shared support.
Response: The Ministry of Social Development is leading work responding to CO 40 (c).
Read recommendation CO 40 (c) on the Human Rights Monitor website external URL
CO 40 (d)
Take measures to cease investment in residential specialist schools for children with disabilities and establish a deinstitutionalisation process that ensures adequate support is provided for children with disabilities to return to their families and exercise their right to an inclusive education.
Response: No action is currently planned for CO 40 (d).
Read recommendation CO 40 (d) on the Human Rights Monitor website external URL
Personal mobility (article 20)
The Committee recommends that the State party:
CO 42
Take measures to ensure the affordability of necessary assistive devices, modification services and mobility aids, including assistive technology for persons with disabilities.
Response: Disability Support Services at Ministry of Social Development is leading work responding to CO 42.
Read recommendation CO 42 on the Human Rights Monitor website external URL
Freedom of expression and opinion, and access to information (article 21)
The Committee recommends that the State party:
CO 44 (a)
Strengthen implementation of the Accessibility Charter by expanding its coverage to local authorities and district health boards, and increasing funding and capacity for the provision of accessible information and communication formats and technologies.
Response: Whaikaha is leading work responding to CO 44 (a).
Read recommendation CO 44 (a) on the Human Rights Monitor website external URL
CO 44 (b)
Implement incentives and increase funding for the training and employment of sign language interpreters, including trilingual interpreters who can interpret between New Zealand Sign Language, English and Te Reo Māori, and adopt a national standardised accreditation framework for sign language.
Response: Whaikaha is leading work responding to CO 44 (b).
Read recommendation CO 44 (b) on the Human Rights Monitor website external URL
CO 44 (c)
Adopt legislation to ensure captioning and audio description is provided on television channels with funding security.
Response: The Ministry for Culture and Heritage is leading work responding to CO 44 (c).
Read recommendation CO 44 (c) on the Human Rights Monitor website external URL
CO 44 (d)
Develop specific initiatives to increase the provision of culturally appropriate, accessible information and communications for Māori persons with disabilities.
Response: Whaikaha and Te Puni Kōkiri are leading work responding to CO 44 (d).
Read recommendation CO 44 (d) on the Human Rights Monitor website external URL
Respect for home and the family (article 23)
The Committee recalls the joint statement issued by it with the Committee on the Rights of the Child on the rights of children with disabilities, and recommends that the State party:
CO 46 (a)
Repeal section 8 of the Adoption Act of 1955 and amend the statute to ensure that parents with disabilities are treated on an equal basis with other parents with respect to adoption.
Response: The Ministry of Justice is leading work responding to CO 46 (a).
Recommendation CO 46 (a) on the Human Rights Monitor website external URL
CO 46 (b)
Implement strategies to increase family placements for children with disabilities and to ensure that siblings can remain together in these placements.
Response: No action is currently planned for CO 46 (b).
Read recommendation CO 46 (b) on the Human Rights Monitor website external URL
CO 46 (c)
Significantly increase and resource comprehensive information, services and supports for children with disabilities and their families to prevent out-of-home placements and placements in institutions, including residential specialist schools.
Response: No action is currently planned for CO 46 (c).
Read recommendation CO 46 (c) on the Human Rights Monitor website external URL
CO 46 (d)
Take immediate action within Oranga Tamariki (Ministry for Children) to implement the recommendations from the 2020 Ombudsman report, entitled “A matter of urgency”, and increase disability, gender and culturally appropriate expertise, policies and guidelines that adhere to the Convention in order to ensure that newborn babies and children are not removed from parents with disabilities, particularly parents with intellectual disabilities and Māori parents with disabilities, on the basis of impairment.
Response: Oranga Tamariki is leading work responding to CO 46 (d).
Read recommendation CO 46 (d) on the Human Rights Monitor website external URL
Education (article 24)
Recalling its general comment No. 4 (2016) on the right to inclusive education and target 4.5 and 4.a of the Sustainable Development Goals, the Committee recommends that the State party:
CO 48 (a)
Develop an inclusive education strategy that includes measures for the devolution of segregated education settings into a mainstream inclusive education system, to transition funding and resources from specialist education to inclusive education, to prioritise inclusive education in teacher training, to establish uniform, inclusive education policies and guidelines, to develop an inclusive education curriculum and to promote and raise community awareness.
Response: Whaikaha and the Ministry of Education are leading work responding to CO 48 (a).
Read recommendation CO 48 (a) on the Human Rights Monitor website external URL
CO 48 (b)
Withdraw the proposal to change entry requirements for enrolment in residential specialist schools and redirect funding and resources into an inclusive education system.
Response: No action is currently planned for CO 48 (b).
Read recommendation CO 48 (b) on the Human Rights Monitor website external URL
CO 48 (c)
Develop specific culturally appropriate strategies to address the high proportion of Māori children with disabilities in residential specialist schools, including the provision of supports to remain with whānau (extended family networks) in their local communities.
Response: No action is currently planned for CO 48 (c).
Read recommendation CO 48 (c) on the Human Rights Monitor website external URL
Health (article 25)
The Committee recommends that the State party:
CO 50
Progress development of the Health of Disabled People Strategy and strengthen and expedite measures within the New Zealand Disability Strategy, the Health Services and Outcomes Kaupapa Inquiry and the Pathways to Pacific Health and Well-being Strategy, to increase access to health services and improve health outcomes for persons with disabilities.
Response: The Ministry of Health is leading work responding to CO 50.
Read recommendation CO 50 on the Human Rights Monitor website external URL
Work and employment (article 27)
The Committee recommends that the State party:
CO 52 (a)
Expedite the development of the Disability Employment Action Plan in close consultation with and with the active involvement of persons with disabilities, including women with disabilities, Māori with disabilities and Pasifika persons with disabilities.
Response: Whaikaha and the Ministry of Social Development are leading work responding to CO 52 (a).
Read recommendation CO 52 (a) on the Human Rights Monitor website external URL
CO 52 (b)
Incorporate concrete measures in the Disability Employment Action Plan, with resources, timeframes and monitoring mechanisms that ensure the transition from segregated employment to the open labour market.
Response: The Ministry of Social Development is leading work responding to CO 52 (b).
Read recommendation CO 52 (b) on the Human Rights Monitor website external URL
CO 52 (c)
Repeal section 8 of the Minimum Wage Act of 1983 and ensure that persons with disabilities are paid on the principle of equal pay for work of equal value.
Response: No action is currently planned for CO 52 (c).
Read recommendation CO 52 (c) on the Human Rights Monitor website external URL
Adequate standard of living and social protection (article 28)
The Committee recommends that the State party:
CO 54 (a)
Expedite implementation of the recommendations of the report from the Welfare Expert Advisory Group to address the inequity and complexity within the social security system for persons with disabilities.
Response: No action is currently planned for CO 54 (a).
Read recommendation CO 54 (a) on the Human Rights Monitor website external URL
CO 54 (b)
Urgently address the fragmentation of the support system for persons with disabilities through a co-design and co-production process to address the inequity between Accident Compensation Corporation recipients and other persons with disabilities, including considering an integrated model of support to ensure uniform standards for all persons with disabilities.
Response: No action is currently planned for CO 54 (b).
Read recommendation CO 54 (b) on the Human Rights Monitor website external URL
CO 54 (c)
Ensure people with foetal alcohol syndrome disorder, chronic fatigue syndrome and other chronic and rare conditions have access to the disability support system and are included in disability policies and programmes.
Response: The Ministry of Social Development is leading work responding to CO 54 (c).
Read recommendation CO 54 (c) on the Human Rights Monitor website external URL
Participation in political and public life (article 29)
The Committee recommends that the State party:
CO 56
Develop strategies and measures, including financial resources to support persons with disabilities to form sustainable representative organisations, including to support the development of organisations of Māori persons with disabilities, Pasifika persons with disabilities, lesbian, gay, bisexual, transgender and intersex persons with disabilities, children with disabilities, and women and girls with disabilities.
Response: Whaikaha is leading work responding to CO 56.
Read recommendation CO 56 on the Human Rights Monitor website external URL