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Summary: Review Focuses On Age, Disability Discrimination (Press, 31 December 1987)
In December 1987, discussions were underway in New Zealand regarding a significant review of the country’s human rights laws, particularly the Human Rights Commission Act of 1977. This review, led by the Human Rights Commission and Minister of Justice Mr Palmer, aimed to consider extending the grounds upon which discrimination is prohibited to include age and disability. Other potential changes being examined included the introduction of children’s rights and reinstating anti-discrimination measures related to sexual orientation that were previously removed from the Homosexual Law Reform Act. The original legislation, passed during a National Government, was limited to banning discrimination based on sex, marital status, and religious or ethical belief, while racial discrimination was addressed separately through the Race Relations Act. Mr Palmer and the commission advocated for a broadening of the law, indicating that preventing discrimination against individuals with mental and physical disabilities was paramount. They also sought to address age discrimination, which was prevalent in employment advertisements that often favoured younger applicants, particularly disadvantaging women re-entering the workforce after childcare responsibilities. The commission’s proposal included a wide array of contentious issues that had sparked debates in other countries, such as discrimination based on pregnancy, family responsibilities, political beliefs, and access to justice. Notably, the topic of sexual orientation remained sensitive; an attempt by M.P. Fran Wilde in 1986 to include this protection in legislation had failed to pass in Parliament. However, the Labour Party had promised to reintroduce such a measure in its 1987 election platform. The review also considered organisational restructuring, with discussions about merging the Human Rights Commission and the Race Relations Office. Although this idea had merit, the heavy workloads of both entities could ultimately lead to their separation. Mr Palmer acknowledged the Race Relations Office's significant responsibilities but noted that it currently operated under the umbrella of the commission. Furthermore, Human Rights Commission Chairman Mr Justice Wallace emphasised the need for an additional commissioner specialising in Māori affairs, proposing that this position require fluency in te reo Māori to enhance communication about the Treaty of Waitangi and related issues. He pointed out the remarkable shift in public attitudes concerning discrimination since the commission's inception, while also noting the considerable work that remained to be accomplished. The commission was in urgent need of increased staffing and resources, as its current team of 19 struggled to address the extensive challenges and systemic issues concerning human rights in New Zealand. Anticipation grew that proposed amendments would be presented to Parliament either late in 1988 or early in 1989, reflecting a progressive move towards more inclusive human rights legislation in New Zealand.
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