Discriminationand

Human RightsHuman Rights Act 1993

Bill of Rights

What we’ll cover

• Summary of laws relevant to discrimination and human rights

• When discrimination is against the law

• What you can do about illegal discrimination

The Human Rights Act 1993

• Bans certain kinds of discrimination

• Applies to private sector (businesses, individual landlords etc)

• Establishes a complaints process

The NZ Bill of Rights Act 1990

• Covers only government / public bodies

• Protects human rights, for example -

– no discrimination

– citizens can move around NZ freely

– freedom of religion, culture, language

– no unreasonable search, seizure or detention

• Various remedies developed by Courts

UN declarations & conventions

Three relevant UN documents –

• UN Principles for Protection of Persons with Mental Illness and for Improvement of Mental Health Care (1991)

• UN Declaration on Rights of Disabled Persons (1975)

• UN Convention on Rights of Persons with Disabilities (2006)

Not directly enforceable in NZ

Discrimination by private organisations and

individuals

It’s illegal when –

• You’re treated differently from other people

• Because of one of the grounds in the Human Rights Act

• In one of the areas of life specified in the Act

The illegal grounds of discrimination

They include “disability”, which includes –

• Physical disability or impairment

• Physical illness

• Psychiatric illness

• Intellectual or psychological disability or impairment

• Any other loss or abnormality of psychological, physiological, or anatomical structure or function

• Reliance on a guide dog, wheelchair, or other remedial means

• The presence in the body of organisms capable of causing illness

Areas of life covered by Human Rights Act

• Employment

• Access to public places, vehicles and facilities

• Goods and services provided to the public

• Housing and accommodation

• Education

• Partnerships

• Qualifying bodies, vocational training bodies, and industrial and professional associations

Exceptions that allow discrimination

Private situations, such as – • Jobs in private homes

• Shared accommodation as flatmates

Positive discrimination

• Discrimination to help social groups who’ve been disadvantaged by discrimination

• Sometimes called “affirmative action”

Discrimination by government departments

and other public bodies

Effect of Bill of Rights

• Illegal to discriminate on grounds in Human Rights Act

• Covers all conduct and activities of public bodies

• Exceptions for ‘justified’ discrimination and ‘positive’ discrimination

• Complaints go to Human Rights Commission

Direct and indirect discrimination

Two types, and both are illegal

• Direct – discrimination on the basis of one of the illegal grounds

• Indirect – conduct that seems to be neutral but has effect of discriminating

Who can I complain to?

• Both private sector and public sector can complain to the Human Rights Commission

• Complaint doesn’t have to be in writing

• Phone 0800 4 YOUR RIGHTS (0800 496 877)

• Complaint form at www.hrc.co.nz

What will the Human Rights Commission do?

The Commission –

• Will investigate

• Try to resolve the problem through mediation

• Can send your case to The Director of Proceedings and Human Rights Review Tribunal

The Human Rights Review Tribunal

• A special court

• Deals with breaches of Human Rights Act, Code of Rights and Privacy Act

• The Tribunal can order the discriminator to, for example –

– stop discriminating

– pay you compensation