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Human Rights

Human Rights. Human Rights – a case to show how they apply. : ACC claim for NIHL accepted by ACC - hearing aids provided at no cost; Claimant advised aids will be replaced every 5 years 2002: 2 nd set of aids provided

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Human Rights

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  1. Human Rights

  2. Human Rights – a case to show how they apply • : ACC claim for NIHL accepted by ACC - hearing aids provided at no cost; Claimant advised aids will be replaced every 5 years • 2002: 2nd set of aids provided • 2007: 3rd set sought - ACC refused, wanting hearing aids to wear out • before replacing them • 2010: ACC Act changed • 2011: ACC referred Claimant to ACC identified ENT Specialist • - new diagnosis of 4% NIHL. Claimant refused ACC NIHL support.

  3. Thresholds • Automatic age scale begins at 57 years for men and 65 years of age for women • ACC will not fund rehabilitation for age-related loss • All NIHL claims must reach 6% before ACC rehabilitation is forthcoming • The maximum ACC hearing aid payment $1500 per aid; $1200 Audiologist fees • We contend the ACC Act changes are discriminatory and breach the United Nations Convention on the Rights of People with Disabilities (CRPD).

  4. Does the ACC Act breach the CRPD? The purpose of the CRPD is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. Page two

  5. 8 Guiding Principles of the CRPD • Respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons • Non-discrimination • Full and effective participation and inclusion in society • Respect for difference and acceptance of people with disabilities as part of human diversity and humanity

  6. 8 Guiding Principles of the CRPD cont... • Equality of opportunity • Accessibility • Equality between men and women • Respect for the evolving capacities of children with disabilites and respect for their right to preserve their identities

  7. New Zealand’s Compliance with the UNCRPD • Our Government has signed the CRPD and is required to implement it by ensuring: • our State machinery, national laws and public services adopt the CRPD and do not discriminate or cause harm • If the government cannot provide what is needed immediately, under the CRPD, Progressive Realization is permitted providing it is evident they: • Have a plan which they are implementing and are applying as much funding as possible to implement • In the plan, they are not regressing on Rights. UNCRPD

  8. World Health Organisation WHO resolution WHA48.9 “urged Member States to prepare national plans for the prevention and control of major causes of avoidable hearing impairment, and for early detection in babies, toddlers and children, as well as in the elderly, with the frame-work of primary health care.” (WHO, 2012). If we had this plan, we would comply with the CRPD and the needs of New Zealanders with NIHL would be accommodated.

  9. Human Rights for People with NIHL in New Zealand • Instead, on behalf of people with NIHL The Foundation has lodged: • Combined Cases with the Human Rights Commission • A request for probono legal support with the Human Rights Office of Legal Proceedings • We intend to lodge a Combined Class Action with the New Zealand Human Rights Review Tribunal • The ACC issue has been submitted to the United Nations Universal Periodic Review of New Zealand, scheduled to occur January 2014.

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