Human Rights Recommendations

All entities providing care directly or indirectly on behalf of the State or faith‑based entities should: uphold the rights of Māori in care as indigenous peoples of Aotearoa New Zealand in accordance with United Nations Declaration on the Rights of Indigenous Peoples

All entities providing care directly or indirectly on behalf of the State or faith‑based entities should: uphold the rights of Māori, Pacific Peoples, and people from other linguistically or culturally diverse backgrounds in care, in accordance with the Convention on the Elimination of All Forms of Racial Discrimination

All entities providing care directly or indirectly on behalf of the State or faith‑based entities should: uphold the rights of girls and women in care, in accordance with the Convention on the Elimination of All Forms of Discrimination against Women.

All entities providing care directly or indirectly on behalf of the State or faith‑based entities should: 

uphold the rights of Deaf, disabled people, and people who experience mental distress in care, in accordance with the Convention on the Rights of Persons with Disabilities and the Enabling Good Lives principles, including:

1.  recognition that Deaf, disabled people, and people who experience mental distress, in care have: 
   1. the same rights as others in care to make decisions that affect their lives, including adults having decision-making supports as appropriate.
   2. the right to communication assistance in making and participating in decisions that affect them, communicating their will and preferences, and developing their decision-making ability.
   3. the right to access and use advocacy services in making and participating in decisions and communicating their will and preferences.
2. recognition that tāngata Turi, tāngata whaikaha and tāngata whaiora Māori and Pacific Peoples who are Deaf, disabled or experience mental distress may experience barriers to accessing supports and services due to cultural, language and other differences, and that these barriers need to be addressed.

All entities providing care directly or indirectly on behalf of the State or faith‑based entities should: 

uphold the rights of the child in care, including: 

acting with the best interests of the child as a primary consideration, consistent with the United Nations Convention on the Rights of the Child.

recognising the right of whānau, hapū, iwi and Māori to retain shared responsibility for the wellbeing of tamariki and rangatahi Māori, consistent with the United Nations Declaration on the Rights of Indigenous Peoples.

The government should review Aotearoa New Zealand’s human rights framework to ensure it adequately addresses abuse and neglect in care, including: 

1. stand-alone right to security of the person in the New Zealand Bill of Rights Act 1990.
2. ensuring statutory protection in a Disability Rights Act of the rights of disabled people to be free from abuse and neglect in care and the relevant rights in the Convention on the Rights of Persons with Disabilities.
3. providing statutory protection of the rights of Māori to be free from abuse and neglect in care and the relevant rights in the United Nations Declaration on the Rights of Indigenous Peoples.
4. making any necessary amendment to the Human Rights Act 1993 to address abuse and neglect in care.

The State and faith-based entities should partner with hapū, iwi and Māori to give effect to te Tiriti o Waitangi and the United Nations Declaration on the Rights of Indigenous Peoples in relation to researching, designing, piloting, implementing and evaluating the Inquiry’s recommendations to ensure that the recommendations are implemented in a manner that: 

1. reflects the rights, experiences and needs of Māori in care
2. embeds the right to tino rangatiratanga over their kāinga guaranteed to Māori in te Tiriti o Waitangi
3. empowers hapū, iwi and Māori organisations to care for their whānau and implement solutions.

The State and faith-based entities should Government and faith-based entities should research, design, pilot, implement and evaluate the Inquiry’s recommendations through co- design with communities, including children, young people and adults in care, survivors, Māori, Pacific Peoples, culturally and linguistically diverse communities, Deaf, disabled people, people who experience mental distress, and Takatāpui, Rainbow and MVPFAFF+ people, to ensure that reforms: 

reflect the rights, experiences and needs of people in care

reflect the diversity of affected communities

are tailored to reach, engage and provide access to all communities.