Discrimination and Human Rights Human Rights Act 1993 Bill of Rights

1. DiscriminationandHuman Rights • Human Rights Act 1993Bill of Rights

2. 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

3. The Human Rights Act 1993 • Bans certain kinds of discrimination • Applies to private sector (businesses, individual landlords etc) • Establishes a complaints process

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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”

10. 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

11. 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

12. 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

13. 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

14. 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