The International Lesbian, Gay, Bisexual and Intersex Association has released a map that charts where criminalisation, protection and recognition laws that are enacted worldwide. New Zealand appears to stack up very well against other countries however Human Rights Commissioner Richard Tankersley, says that we still have a lot of work to do to ensure equal rights for all people. “It’s clear that viewed alongside many other countries, Aotearoa-New Zealand is doing comparatively well, however there is still a lot of work to do before all people here enjoy equal rights regardless of their sexual orientation, gender identity or gender expression.” Tankersley agrees that the map doesn’t show the full picture and shows only “some of the indicators that tell the story of the realisation of human rights for LGBTIQ+ communities.” Marriage laws are one of the indicators highlighted on the map and Tankersley says this can tell us that the country is heading in the “right direction towards the full realisation of human rights for LGBTIQ+ communities, however they aren’t a signal that the process is complete.” He says in New Zealand, “While having protective and enabling legislation in place is very positive, it can’t end there if we’re to fully realise the rights of LGBTIQ+ people. “The anti-discrimination grounds of the current Human Rights Act do not explicitly cover Gender Identity or Gender Expression, with the government’s position being that these grounds are covered under the ground of sex. This position has yet to be tested in court, and not being able to point to a specific provision in the legislation weakens the position of trans* and intersex people who are trying to stand up for their rights with decision-makers – for example, with employers.” He goes on to say “Trans* people do not enjoy full access to the health care that they need in order to carry out their lives as the people they are, and the funding for this is tiny compared to the community need. In particular the non-availability of surgical care in New Zealand puts this beyond the reach of many people. Tankersley also notes that concerns regarding the appropriate housing of trans prisoners are still in place, despite an assurance by the Minister that this is being attended to. “Violence and bullying directed to LGBTIQ+ people is an ongoing issue,” he says. “Particularly for our young people in both school and community situations. It can be really difficult for a young person to flourish in their learning when they are targeted before, during or after school because of who they are. More work needs to be done to create safe environments for young people with diverse sexes, sexualities and gender. “The experience of LGBTIQ+ people who have entered the country as refugees can also be very difficult, given that the social and religious ideas present in some refugee communities can serve to isolate and marginalise LGBTIQ+ people. “At the ILGA Human Rights and Health Conference in Wellington last March the idea of developing a National Rainbow Strategy was promoted. This would help LGBTIQ+ communities track their human rights and help shape government and community responses. I believe this to be a very important and very worthwhile initiative which I would totally endorse.”
Credit: GayNZ.com Daily News staff
First published: Wednesday, 18th May 2016 - 3:08pm