Human rights in New Zealand
Human rights in New Zealand are addressed in the various documents which make up the constitution of the country. Specifically, the two main laws which protect human rights are the New Zealand Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990.[1] In addition, New Zealand has also ratified numerous international United Nations treaties. The 2009 Human Rights Report by the United States Department of State noted that the government generally respected the rights of individuals, but voiced concerns regarding the social status of the indigenous population.[2]
History[edit]
Universal suffrage for Māori men over 21 was granted in 1867, and extended to European males in 1879.[3] In 1893, New Zealand was the first self-governing nation to grant universal suffrage;[4] however, women were not eligible to stand for parliament until 1919.
A distinctive feature of New Zealand's electoral system is a form of special representation for Māori in parliament. Initially considered a temporary solution on its creation in 1867, this separate system has survived debate as to its appropriateness and effectiveness. Critics have described special representation as a form of apartheid.[3] In 1992, when the Royal Commission on the Electoral System recommended the abolishment of the separate system, strong representations from Māori organisations resulted in its survival.[5]
Human rights in New Zealand are addressed in the constitution. In addition, New Zealand has also ratified numerous international treaties as part of the United Nations. The 2009 Human Rights Report by the United States Department of State noted that the government generally respected the rights of individuals, but voiced concerns regarding the social status of the indigenous population.[2]
In May 2009, for the first time New Zealand prepared a national Universal Periodic Review (UPR) at the United Nations Human Rights Council in Geneva, Switzerland.[6] During this peer review process many countries praised New Zealand's human rights record and identified that the perception of New Zealand as a comparatively fair and equal society is crucial to its international reputation. Areas where the nation was directed to make improvements include disparities experienced by Māori as demonstrated by key social and economic indicators and the extent of family violence and violence against women and children.[7]
Limits on human rights in New Zealand[edit]
New Zealand Bill of Rights 1990[edit]
In part one of the Bill of Rights, under general provisions, there are clear warnings that any of the rights found in the Act are not supreme law and can fall to Acts inconsistent with any of the rights mentioned.
Section 4 states that where there is inconsistencies between Acts, the Bill of Rights will bow.[122] Section 5 states that all rights and freedoms are subject to reasonable limits prescribed by law in a democratic society.[123]
It is important to note that within the Act, there are still procedures in place to up hold all rights where possible. Section 6 of the Bill of Rights Act[124] allows the Court to interpret all other enactment's meanings to be consistent with all rights.[125] This section could perhaps be seen as an immediate remedy to any possible basic or unintentional inconsistencies which can take away an individual's rights.
Section 7 of the Bill of Rights Act is also important for upholding human rights, as it creates the mechanism where the Attorney-General is obligated to report an inconsistencies to the Bill of Rights to parliament.[126] This is a paramount section as it keeps the legislator accountable to uphold New Zealanders' individual rights, but it also mitigates any unintentional breaches on any rights.
New Zealand's unwritten constitution[edit]
New Zealand is seen as one of the few countries in the world which does not have a physical document which acts as the state's constitution.[127] New Zealand's unwritten constitution can be seen as a collective of many different acts, including the New Zealand Bill of Rights Act 1990. There are no entrenched Acts or Bills in New Zealand law, therefore the highest power is given to parliament. This therefore means that, if parliament has a majority vote, any piece of legislation can be overturned regardless of how much emphasis the court puts on it.
There has been criticism, over the years, in regards to this "unwritten constitution" and much encouragement from the international community to change this. The 2009 Universal Periodic Review[128] on New Zealand, through the Human Rights Council, is a good demonstration of this. In this review concerns were expressed that, due to constitution, not entrenched, there was no overarching protection for human rights.[129] Within the review multiple states[130] expressed their concerns over the lack of protection human rights had, due to the constitutional framework; all states were seen to highly recommend New Zealand taking steps towards constitutional entrenchment, and therefore protected human rights. Aside from these issues brought up, the international community collectively commended New Zealand's work in upholding human rights, such as the amount of ratifications completed and the work with the Māori peoples.
There has been small glimmers of movement towards an entrenched and written constitution in the past few years. The "Constitutional Conversation"[131] in 2013, a nationwide forum, was a select panel which considered what should be done, whilst also taking into consideration the views of the public. Nothing as of yet has come out of this. There is an opinion that it is not a question about "if" but of "when" the change will happen, as New Zealand is continually developing in its own individual identity.