The Human Rights Commission is vowing to push for the gathering of data on how New Zealanders identify, as it believes it's one of the areas where the nation is falling short. The commission has put together a draft document looking at how well New Zealand has done in the areas of sexual orientation and gender identity, in the six years since it published Human Rights in New Zealand Today. The draft chapter offers an honest assessment of where it believes the country has been successful and what can be done better, with the HRC asking the community to have a close read and make submissions. The commission believes significant steps have been made in the areas of legal protection from discrimination on the grounds of sexual orientation, and legal recognition of same-sex relationships, including property rights and registration of civil unions. Other positives it points to are the Crown Law Office opinion that trans people are protected from discrimination under the ground of sex, along with the right of all New Zealanders, whether they're born here, are citizens or permanent residents, to apply for a Family Court declaration to change their sex details. The commission says one place the country is falling short is the lack of data on sexual orientation, which would enable the human rights of sexual minorities to be monitored and advanced. The issue is a catch-22, with a clear need for data on hand, weighed up with the concern that homophobia and discrimination may result in negative reactions to a sexual orientation question on a Census. Statistics New Zealand has ruled out including the questions in next year's Census, but has discussed the possibility of running a separate survey. The commission has recommended Statistics New Zealand establishes an advisory group to consult with GLBT people about the collection of sexual orientation data. The HRC says New Zealand is also failing to meet international human rights standards through the inability to monitor the level of violence and harassment against glbt people, including hate crimes motivated by someone's sexuality or gender identity. It says there are gaps and uncertainties around the rights of minorities to found and form a family and major holes in the availability, accessibility, acceptability and quality of medical services. The commission says there is still uncertainty that intersex people and all trans people, particularly those who do not physically transition, are protected under the Human Rights Act from discrimination. It also points to barriers many trans people face trying to meet the 'physical conformity' threshold before a Family Court declaration as to sex can be issued, legally recognising their sex and gender identity. Here are the commission's suggested priorities for action: • complete the legislative steps needed for formal legal equality, including rights to found and form a family, regardless of sexual orientation or gender identity • continue working with Statistics New Zealand to address the need for sexual orientation statistics through surveys, including the census, and other means • reports on human rights in relation to sexual orientation and gender identity in all New Zealand country reports to United Nations human rights treaty bodies and in other human rights reports • continue to improve the human rights of trans people through implementation of the Transgender Inquiry recommendations, with particular focus on legal recognition, the rights to education and health, and explicit protection under the Human Rights Act • take steps to reduce gender-based violence • improve the safety of same-sex attracted, trans and intersex children and young people in schools • build understanding about the specific human rights issues faced by intersex people • use a rights-based framework to develop best practice for meeting the health needs of intersex people, with a particular focus on infants with intersex medical conditions The Human Rights Commission is holding consultation meetings in Christchurch, Wellington and Auckland on 8 and 9 September (RSVP to jackb@hrc.co.nz) It wants to know whether there are any inaccuracies or omissions and whether people agree with the recommendations – and is open to any other relevant feedback. Submissions close on 24 September and the entire draft document can be downloaded from theCommission's website. City Date Time Venue Commissioner Wellington Wed 8 Sept 4 – 6 pm Level 1 Vector Building 44-52 The Terrace Joy Liddicoat Auckland Wed 8 Sept 6.15 – 8.15 pm Level 10 Tower Centre 45 Queen St Rosslyn Noonan Christchurch Thurs 9 Sept 4.30 – 6.30 pm Level 3 Guardian Assurance Building, 79 Hereford St Richard Tankersley
Credit: GayNZ.com Daily News staff
First published: Tuesday, 24th August 2010 - 4:51pm