Questions on children with disabilities - Children’s Convention from the United Nations
Please provide information about the following:
Question 21(a)
- The disability action plan, 2019–2023, and in particular how it includes elements on the rights of children with disabilities, the reduction of poverty among those children, access for them to services and the results of the consultations carried out with children with disabilities during its development;
Reply to 21(a)
The Disability Action Plan 2019-2023 (DAP) is the Government’s fourth plan focusing on improving outcomes to make a positive difference in the daily lives of all disabled people in New Zealand.
The DAP does not include any aspects of work directly related to poverty reduction among children. This is covered under the Child Poverty Reduction Act 2018 (refer to reply to question 24(a) of the list of issues).
The Learning Support Action Plan 2019-2025 aims to strengthen the way learning support is provided so that all children with disabilities and learning support needs get the right support at the right time in early learning centres and schools.
Additionally, the Government is aiming to improve justice services so they are accessible and clear for disabled people. Court orders can be particularly difficult to understand for young people, and these documents can be even less accessible for young people with disabilities.
Question 21(b)
- Awareness-raising campaigns to combat the stigmatization and marginalization of children with disabilities, combat prejudice against them and promote a positive image of them;
Reply to 21(b)
The Government is progressing work on an Accelerating Accessibility work programme that involves developing a legislative framework to act as a vehicle for progressive implementation of a new accessibility system. An important component of this work programme is information and education so people understand the importance of removing barriers to accessibility. This will include the need for a shift in public perception and knowledge of accessibility needs for disabled people.
The Accelerating Accessibility work programme will provide for sustainable long-term change to behaviour, addressing underlying problems such as limited knowledge and awareness that can lead to stigmatisation and marginalisation of disabled people, including children with disabilities.
Like Minds, Like Mine is a public awareness programme funded by government to increase social inclusion and end discrimination towards people with experience of mental illness or distress, which is underpinned by the social model of disability and the power of contact. It takes a human rights approach to disabilities. The Health Promotion Agency is the lead operational agency for the programme, with strategic responsibility held by MOH.
Question 21(c)
- The results of the assessment of the district inspectors’ investigations of violations of the rights of children with disabilities who were placed in compulsory residential care under the Intellectual Disability (Compulsory Care and Rehabilitation) Act, 2003;
Reply to 21(c)
District Inspectors have a responsibility under the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 to investigate rights breaches. However, there have not been any rights breaches relating to the Convention during this reporting period that have required investigation.
Question 21(d)
- The prohibition of the sterilization of children with disabilities without their free, prior and informed consent.
Reply to 21(d)
In New Zealand there is no oversight by the courts of sterilisation without personal consent of learning/intellectually disabled people under the age of 18. The COCA gives parents (or guardians) the right and duty to act in their children’s best interests.
Safeguarding Bodily Integrity Rights Work Programme (under the DAP) aims to strengthen the safeguarding framework for persons with disabilities, including children with disabilities and minors, against non-consensual sterilisation and other bodily integrity abuse. The following concerns are included in the scope of the work programme:
- girls with disabilities are sterilised or at risk of sterilisation for non-therapeutic reasons (e.g. to manage menstruation) without their consent.
- the current legislative framework is insufficient to protect persons with disabilities (including children with disabilities) against non-therapeutic medical procedures.
- better supportive measures are needed for disabled individuals, parents, family carers and health professionals.
- little is known about disability-related sterilisations and other bodily integrity violations in New Zealand, highlighting the need for better national data collection on these issues.
