Objective 1	Objective 2	Objective 5
Encourage and educate for a non-disabling society	Ensure rights for disabled people	Foster leadership by disabled people

Context: issues, activities and trends

Increasingly, disability is seen as a result of how society treats its citizens. Failure to recognise that we can’t all see signs, read directions, hear announcements, reach buttons, have the strength to open heavy doors and have stable moods and perceptions, diminishes the ability of many people to live independently and participate fully in society. Because disability relates to the connection between people with impairments and the environments in which they live, failure to accommodate their different abilities and lifestyle amounts to discrimination.

(Human Rights in New Zealand Today, The Human Rights Commission, August 2004)

The adoption of a rights-based framework for the Disability Strategy recognises that, all too often, disabled people are not able to enjoy their human rights and freedoms on an equal basis to other citizens. This international issue has been attributed to a general lack of knowledge and understanding within society about disability, and also to the lack of disabled people participating in decision-making processes around policy or services that affect them. In 2002, a report to the United Nations noted that ‘the core problem in the field of disability is the relative invisibility of persons with disabilities, both in society and under the existing international human rights instruments’ (Quinn and Degener, 2000).

Activities around the three objectives covered in this chapter should work together to address these problems in New Zealand. The assumption is that education about disability and rights, a strong legislative rights framework that acknowledges disability issues, and leadership by disabled people will collectively cover and/or influence all the power bases of a democratic society.

Wide public understanding of rights and disability issues ensures both the political motivation and individual capacity within society to honour those rights. This includes the capacity of those who make and those who administer the law. An effective legislative framework helps promote understanding and provides for remedies. Leadership by disabled people raises the visibility of disability and ensures experts are involved in monitoring. Participation of disabled people in policy-making around services that affect them reinforces a fundamental right to autonomy. The catch cry of the disability movement throughout the world is ‘nothing about us without us’.

Key activities

1. One of the main activities for New Zealand in the area of rights has been at an international level. The United Nations has agreed to develop a convention on the rights of disabled people to make disability issues within human rights more visible, to help shape human rights norms to meet the particular circumstances of disabled people, and to make obligations clearer for all countries.

   The process for developing this treaty contributes to all three objectives in this chapter. The negotiation and consultation process on the detailed content of the convention raises awareness of what recognising human rights for disabled people means for the various government agencies. Also the New Zealand delegations to the United Nations have modelled partnerships between government officials and disabled New Zealanders who represented the Human Rights Commission, the Mental Health Commission and the Disabled Persons’ Assembly (DPA).

2. Another major activity aimed at improving the enjoyment of citizenship rights by disabled New Zealanders is the ongoing implementation of the Like Minds, Like Mine campaign: a project to counter stigma and discrimination associated with mental illness. This project has been underway for more than six years and involves mass media advertising as well as a diverse range of capacity building, advocacy and awareness-raising initiatives. Much of the process has been evaluated, providing useful information about how to improve the campaign. Significant findings have supported the use of mass media, careful and inclusive strategic planning, increased targeting, increased participation of people with an experience of mental illness and increased advocacy using a human rights model.
3. In last year’s progress report it was noted that work had begun on getting New Zealand Sign Language officially recognised. The New Zealand Sign Language Bill received its first reading in Parliament in June 2004, and was referred to the Justice and Electoral Select Committee, unopposed. This Bill acknowledges, for the first time, that Deaf people have a right to use their own language. Public submissions on the Bill have been called for.
4. Another activity of note is the development of the New Zealand Action Plan for Human Rights by the Human Rights Commission. This process has involved consultation with disabled New Zealanders and the first report outlining the status of human rights in New Zealand today contains an extensive chapter on disabled people. This is an acknowledgement of the significant rights issues for this group and should lead to, at the very least, a better knowledge and understanding of disability issues.

Gaps in activity

There is a gap in the development of advocacy services for disabled people. The ACC has begun work in this area for their clients. However, there are no significant developments for wider groups and in wider areas of life.

The success of the Like Minds campaign highlights a gap – there is not yet an equivalent campaign for the wider population of disabled people.

While there are a number of small leadership initiatives and development opportunities for disabled people within the government sector, there is still a lot of room for growth in both this sector and in the private sector.

Trends

This chapter does not lend itself to statistics around outcomes. However, there is some information that can be usefully noted and possibly used as a baseline for comparison at a future date.

Inquiries and formal complaints to the Human Rights Commission about discrimination on the grounds of disability have increased significantly in the last few years, to nearly one quarter of the total. This probably indicates increased awareness and advocacy rather than increased discrimination.

Attitude-tracking surveys found improvements in public attitudes towards people with mental illness as a result of the mass media advertising by the Like Minds campaign. Also in an in-depth survey of people with mental illness, over half of the participants reported reduced levels of stigma and discrimination from family, mental health services and the public. A little less than half reported a reduction from Work and Income staff and a third mentioned a reduction within the Police, Housing NZ and the media.

A survey by the Mental Health Commission of how people with mental illness are represented in the news-print media found that, compared to 1998, journalists in 2003 are more likely to represent people with mental illness in a neutral rather than a negative way. It also found an increase in positive stories about mental health issues. However, negative stories still dominate in terms of the content of what is published.

Six people who identified as being disabled and 10 people working within the disability sector received honours in the Queens Birthday and New Year honours lists for 2004. This comprises approximately 1.5 percent and 2.5 percent of the total honours list, well below the percentage of disabled people in the community.

One positive trend is the increasing number of government agencies with reference or advisory groups that include disabled people. In this reporting period, six agencies reported one or more such groups. Two government agencies signalled their intention to start such groups in the coming year.

Reported activity between July 2003 and June 2004

Objective 1: Encourage and educate for a non-disabling society

1.1 Develop national and locally based anti-discrimination programmes

The Like Minds campaign funded by the Ministry of Health published a national plan for the 2003–2005 period. This plan has taken evaluation findings into consideration and is better integrated with the Disability Strategy and, in particular, the social model of disability.

1.2 Recognise that it is disabled people who are experts on their own experience

All departments delivering services to disabled people reported consulting with the sector about specific projects or issues. Many noted they were working to develop and strengthen relationships with key community agencies (see 5.1).

1.3 Recognise and honour the achievements of disabled people

The New Zealand Police in-house magazine featured articles on disabled employees who have overcome work-related barriers.

1.4 Include the perspectives of disabled people in ethical and bioethical debates

No specific activity reported.

1.5 Encourage ongoing debate on disability issues

The National Health Committee published a major report, To have an ‘Ordinary’ Life, in September 2003. The report assessed the rights of adults with an intellectual disability and made detailed recommendations for change. This provoked lively discussion in the media and at conferences.

A number of conferences held over the last year have involved debate and knowledge-sharing about disability issues. These included the: Supported Living Conference, Wellington September 2003; National Residential Intellectual Disability Providers Conference, Christchurch 2004; Federation of Vocational and Support Services Conference, New Plymouth June 2003; Rehabilitation Conference, Dunedin 2003; Workbridge Provider Conference, February 2004; Autism: Unlocking the Potential Within, Christchurch March 2004; and Association of Supported Employment Providers’ conference, March 2004.

Objective 2: Ensure rights for disabled people

2.1Provide information for everyone about the rights of disabled people
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2.2 Provide education to ensure that disabled people understand their rights, recognise discrimination and are able to be self-advocates

In February 2003, the ACC established a Code of Claimants’ Rights under the Injury Prevention, Rehabilitation, and Compensation Act 2001. This code confers rights on claimants and imposes obligations on the ACC in how it deals with claimants. The purpose of the code is to meet the reasonable expectations of claimants, including providing procedures for lodging and dealing with complaints following breaches of the code, and remedies for addressing any breaches.

2.3 Educate agencies responsible for supporting children and families about the rights and abilities of disabled parents
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2.4 Review human rights legislation to ensure the ongoing enhancement and strengthening of the rights of disabled people

No specific activity has been reported on these actions.

2.5 Investigate and, if appropriate, support development of a United Nations convention on the rights of disabled people

The Office for Disability Issues and the Ministry of Foreign Affairs and Trade have worked with the Human Rights Commission, the Mental Health Commission and the DPA on negotiations for this convention. Since June 2003, New Zealand has assumed a facilitating and leadership role. Contributions have included being the chair of and providing drafting services for an intersessional working group set up to develop a draft text. New Zealand helped to co-ordinate informal negotiations during an ad hoc committee meeting and has made many submissions. New Zealand has also been active in negotiations around an appropriate process and, in particular, has modelled and promoted the involvement of disabled people.

2.6 Investigate the level of access that disabled people have to independent advocacy, and address any shortfall in service provision

The ACC reports the development of a framework for the delivery of advocacy services to claimants. This includes funding the delivery of training to advocates on the use of mediation to gain early resolution of issues and a Citizens Advice Bureau advocacy pilot. Also, community law centres are preparing a proposal to develop a handbook to help advocates working with the ACC.

2.7 Evaluate New Zealand’s performance on the rights of disabled people

The development of a national action plan for human rights requires a comprehensive look at the existing state of affairs, a realistic recognition of priorities and a setting of practical goals for the future. The Human Rights Commission has begun this process, including consultation with disabled people. They expect to have developed the action plan by the end of 2004.

2.8 Consider disabled people whenever New Zealand’s performance is being evaluated against international human rights obligations, for example the Convention on the Elimination of all Forms of Discrimination against Women, and the United Nations Convention on the Rights of the Child

The Ministry of Women’s Affairs presented its fifth report to the Committee on the Elimination of all Forms of Discrimination against Women in July 2003. The Ministry of Youth Development presented its third report under the United Nations Convention on the Rights of the Child in September 2003. Both reports mention disability issues, which are discussed in chapter 4.

Objective 5: Foster leadership by disabled people

5.1 Encourage disabled people to take part in decision-making as service users, as staff in the delivery of services, and in the governance, management, planning and evaluation within all services that disabled people access

The Ministry of Health reports a project to develop ways for disabled people and their families and whānau to participate in Disability Support Services activities. The project was led by a disabled person, included consumer organisations in the steering group and undertook consultation with the sector. It resulted in a decision to establish an annual forum of representatives of national consumer organisations, a smaller group to communicate with the Disability Support Services directorate on an ‘as needs arise’ basis, and ethnic specific forums in key locations.

The ACC reports establishing a Consumers’ Outlook Group, which includes a representative from the DPA, to seek community advice on claimant service issues, to prioritise issues of concern and to further assist the ACC in its work with claimants, particularly those with long-term disabilities. The meetings are attended by the ACC’s Chief Executive Officer.

The New Zealand Police report their staff Disability Network is consulted and/or advised of policy development and initiatives.

The Ministry of Education reports:

• the Special Education National Reference Group, which includes two disabled students, two disabled adults and family members, met with members of the Ministry’s Special Education team
• a reference group for students with physical disabilities
• future plans for better monitoring of advice and reference groups to ensure the increased representation of disabled children and young people.

The Department of Internal Affairs reports their Disability Advisory Group ensures the views of its disabled employees are considered as part of the day to day business of the department.

5.2 Assist self-help initiatives, service provision and advocacy organisations run by disabled people for disabled people

A calendar focused on the Disability Strategy was developed by disabled people and distributed throughout New Zealand during October 2003. The calendar was well received by both providers of disability support services and disabled people.

5.3 Model the inclusion of disabled people in leadership roles within government departments, in order to encourage leadership by disabled people within all organisations
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5.4 Support the establishment of a leadership development and mentoring programme for disabled people

The State Services Commission reports a programme designed to improve the quality, quantity and diversity of candidates available for appointment to senior management roles in the State sector.

The Ministry of Health reports the establishment of a leadership programme. Disabled leaders in some regions will be chosen for their leadership potential and given the opportunity to acquire specific skills.

The Office for Disability Issues supported 15 people with intellectual disabilities to attend and, for some, present at the Supported Living Conference in September 2003.

A number of departments report human resource initiatives designed to develop and support their disabled staff:

• the New Zealand Customs Service reports their Performance and Development programme provides development opportunities for disabled staff
• the Department of Internal Affairs reports a management development programme to address the individual needs of disabled managers
• the Ministry of Fisheries reports management training focused on the coaching and career development of disabled staff
• the Ministry of Agriculture and Forestry reports a programme to provide disabled staff with training and development opportunities to help them perform to their potential and further their career aspirations.

5.5 Establish a register of disabled people for government appointments

The Office for Disability Issues has started work on the development of a Nominations Register to identify and nominate disabled people who have relevant skills, experience and qualifications for government appointments.

5.6 Make information available to disabled people and their advocacy organisations about how to influence government policy

The Office for Disability Issues worked with the Clerk of the House to translate Making a Submission To a Parliamentary Select Committee into plain language. The Office also developed video clips in New Zealand Sign Language, with specific information on how to make a submission on the New Zealand Sign Language Bill.

The Chief Electoral Office reports improving their accessibility checklist for polling places, and further consultation with the Royal New Zealand Foundation of the Blind, the Blind Association and the Deaf Association about alternative formats for providing information.