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Crown Law: Trans covered by NZ HR law

Tue 22 Aug 2006 In: New Zealand Daily News

3PM: Attorney-General Michael Cullen has released today a Crown Law opinion, which says transgender people are, in fact, protected against discrimination under New Zealand's current human rights laws. The acting Solicitor-General, found that “there is no reason to suppose that ‘sex discrimination' would be construed narrowly to deprive transgender people of protection under the Human Rights Act.” The acting Solicitor-General based her decision on relevant case law in other jurisdictions. “An analysis of the jurisprudence of other countries shows that in the UK/Europe and Canada gender identity discrimination claims are successfully brought as sex discrimination cases… Those decisions will be influential on New Zealand courts.” The opinion was sought to clarify the legal situation of transgender people, stemming from the debate surrounding Labour MP Georgina Beyer's private member's Human Rights (Gender Identity) Amendment Bill. Beyer's bill sought to remove all doubt on whether or not gender identity was a ground protected from discrimination in New Zealand's current legal framework. “I welcome the acting Solicitor-General's clarification that due to existing protection the Human Rights Act does not need to be amended,” said Dr Cullen. The full legal opinion can be accessed using the link below.     Ref: (d)

Credit: News Staff

First published: Tuesday, 22nd August 2006 - 12:00pm

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