New Zealand

New Zealand already implements many children's rights. One of the negative points in the report is the situation of intersexual children, who are still subjected to unnecessary medical treatments. In addition, Maori and Pasifika children are particularly affected by discrimination.

The Committee recommends that the State party strengthen its efforts to provide adolescents with appropriate reproductive health services, including reproductive health education, in school and to promote a healthy lifestyle for adolescents.

The Committee recommends that the State party adopt a comprehensive, child rights-based and participatory approach to the fulfilment of the rights of children with disabilities and strengthen its efforts to combat the marginalization and discrimination of children with disabilities in their access to health, education, care and protection services, and undertake awareness-raising campaigns aimed at government officials, the public and families to combat the stigmatization of and prejudice against children with disabilities and promote a positive image of these children. New Zealand should also set up comprehensive measures to develop inclusive education and ensure that inclusive education is given priority over the placement of children in separated institutions and classes and that families of children with disabilities are aware of the services to which they are entitled. Further, the Committee recommends to implement anti-bullying programmes to prevent the occurrence of bullying in schools and undertake an assessment of district inspectors’ investigations into violations of the rights of children with disabilities placed in compulsory residential care.

To guarantee every child the right to the highest attainable standard of health, the Committee recommends that New Zealand take immediate action to reduce the prevalence of preventable and infectious diseases, including by improving housing conditions. The Committee further recommends to take all appropriate legal and educational measures aimed at adults, to stop children being exposed to second-hand smoke.

The Committee recommends that New Zealand promptly take the necessary measures to ensure adequate access to health services to all children, including age-appropriate mental health services, with particular attention to Maori and Pasifika children.

The Committee is concerned about the harmful impact of climate change on children’s health, especially for Maori and Pasifika children and children living in low-income settings. The Committee therefore recommends that the State party ensure that the special vulnerabilities and needs of children, and their views, are taken into account in developing policies or programmes addressing the issues of climate change and disaster risk management, with special attention to groups of children most likely to be affected by climate change, including Maori and Pasifika children and children living in low-income settings as well as routinely undertake health impact assessments, with particular attention to children, to inform legislation and policies related to climate change.

The Committee recommends that the State party establish and implement regulations to ensure that the business sector complies with international and national human rights, labour, environment and other standards, particularly with regard to children’s rights. New Zealand should also ensure that the provision of child-related essential services by private enterprises is in compliance with the provisions of the Convention and that the Trans Pacific Partnership trade and investment treaty is in compliance with the provisions of the Convention and that its ratification is preceded by consultations with civil society and children to ensure that the best interests of the child are given due consideration.

The Committee urges the State party to ensure that any child, male or female, deprived of liberty is separated from adults in all places of detention. New Zealand should also
intensify its efforts to reduce the detention of children in police custody, improve detention conditions and limit the use of detention to a measure of last resort and for the shortest period of time. Further, the Committee recommends to strengthen its efforts to address the overrepresentation of Maori and Pasifika children and young people in the juvenile justice system, including by improving the police’s cultural capability and by investigating allegations of racial biases.

While welcoming the public debate and attention given to the prevalence of child poverty in the State party, including through the appointment of an Expert Advisory Group on Solutions to Child Poverty, the Committee is deeply concerned about the enduring high prevalence of poverty among children, and the effect of deprivation on children’s right to an adequate standard of living and access to adequate housing, with its negative impact on health, survival and development and education. It is particularly concerned about the continuing disparities faced by Maori and Pasifika children with regard to the enjoyment of these rights. It is further concerned about the impact of recent welfare and benefit sanctions reforms on children living in benefit-dependent households.
The Committee recommends that the State party ensure adequate funding is allocated to mental health and counselling services to children in Canterbury, including in schools, and develop guidelines to take into account children’s rights, including their right to be heard and to have their best interests taken as a primary consideration, in post-disaster recovery and reconstruction efforts.

Concluding observations on the fifth periodic report released on 21 October 2016. The Committee urges the State party to consider withdrawing its general reservation and its reservations to articles 32 (2) and 37 (c) and consider extending the application of the Convention to the territory of Tokelau. More information about education in New Zealand: https://www.education.govt.nz