ÿþ<?xml version="1.0" encoding="utf-16"?> <html> <head> <link rel="stylesheet" type="text/css" href="data:text/css;base64,77u/Ym9keSB7IA0KCWZvbnQtZmFtaWx5OnNlcmlmOyANCgltYXJnaW46MCBhdXRvOyANCgl3aWR0aDo5NjBweDsgDQp9DQp0YWJsZSB7IA0KCXdpZHRoOjEwMCU7IA0KCWJvcmRlci1ib3R0b206MnB4IHNvbGlkICMwMDA7IA0KfQ0KdGFibGUgdHI6Zmlyc3QtY2hpbGQgdGQgeyANCglib3JkZXItYm90dG9tOjFweCBzb2xpZCAjMDAwOyANCn0NCmRpdi5jb250ZW50IHsgDQoJd2lkdGg6ODAwcHg7IA0KCW1hcmdpbjoyMHB4IGF1dG8gMCBhdXRvOyANCn0NCmRpdi5jb250ZW50IHRhYmxlLCBkaXYuY29udGVudCB0YWJsZSB0ZCB7DQoJYm9yZGVyOm5vbmU7DQp9DQouaGlnaGxpZ2h0IHsNCgliYWNrZ3JvdW5kLWNvbG9yOiNGQ0YxOUE7DQp9" /> </head> <body> <div class="content"> <p style="font-weight:bold;">Fifty-second session</p> <p>9-27 July 2012</p> <h2>Concluding observations of the Committee on the Elimination of Discrimination against Women</h2> <h3>New Zealand</h3> <p>1.The Committee considered the seventh periodic report of New Zealand (CEDAW/C/NZL/7) at its 1053rd and 1054th meetings, on 18 July 2012 (CEDAW/C/SR.1053 and 1054). The Committee s list of issues and questions is contained in CEDAW/C/NZL/Q/7, and the responses of the Government of New Zealand are contained in CEDAW/C/NZL/Q/7/Add.1.</p> <h3>Introduction</h3> <p>2.The Committee expresses its appreciation to the State party for the timely submission of its seventh periodic report, which was well structured and followed the Committee s guidelines for the preparation of reports and included references to the Committee s general recommendations. The Committee expresses its appreciation to the State party for its oral presentation, the written replies to the list of issues and questions raised by the pre-session working group, and the further clarifications to the questions posed orally by the Committee.</p> <p>3.The Committee commends the State party for its high-level delegation, headed by the Minister of Women s Affairs, the Honourable Jo Goodhew.</p> <p>4.The Committee notes with appreciation that the report was prepared in a participatory process involving government institutions, Parliament and national civil society organizations, including women s organizations.</p> <p>5.The Committee welcomes the presence and contribution of the New Zealand Human Rights Commission to its work.</p> <h3>Positive aspects</h3> <p>6.The Committee commends the State party for withdrawing its last reservation to the Convention following the passing of the Human Rights Amendment Act in 2007, which made it possible for women to serve in combat roles in the armed forces.</p> <p>7.The Committee welcomes the appointment of the first Asian woman Minister and three Mori women Ministers.</p> <p>8.The Committee commends the State party for a number of positive legislative and policy reforms for the advancement of women since the adoption of its last concluding observations in 2007, including:</p> <p>(a)The Campaign for Action on Violence within Families (the  It s not OK campaign) launched by the Task Force for Action on Violence within Families in 2008 aimed at changing attitudes to family violence;</p> <p>(b)Legislative changes passed in 2009 which enabled criminal courts to issue protection orders on behalf of victims in cases where a perpetrator is sentenced for a domestic violence offence;</p> <p>(c)The Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act of 2008 which promotes breastfeeding in the workplace;</p> <p>(d)A national education campaign launched in 2007 aimed at encouraging women to screen themselves for cervical cancer, which has increased testing for all groups of women;</p> <p>(e)The 2008  Indicators for Change developed by the Ministry of Women s Affairs which tracks the progress of women s rights issues in New Zealand.</p> <h3>Principal areas of concern and recommendations</h3> <p>9.The Committee recalls the obligation of the State party to systematically and continuously implement all the provisions of the Convention and views the concerns and recommendations identified in the present concluding observations as requiring the priority attention of the State party between now and the submission of the next periodic report. The Committee notes with concern a number of challenges that continue to impede the full implementation of the Convention in the State party, including the recourse to gender-neutral language with respect to gender-based violence, including domestic violence; pay inequality and pay equity; the status of vulnerable groups of women, including women with disabilities and minority women; the impact of the 2011 earthquake on women; the impact of policy changes such as the financial cuts in legal aid schemes; adequacy of targets and benchmarks to advance women s rights; and the insufficient dissemination and promotion of the Convention. Consequently, the Committee urges the State party to focus on those areas in its implementation activities and to report in its next periodic report on action taken and results achieved. The Committee calls upon the State party to submit the present concluding observations to all relevant ministries, to the Parliament, and to the judiciary, so as to ensure their full implementation.</p> <h3>Parliament</h3> <p>10.While reaffirming that the Government has the primary responsibility and is particularly accountable for the full implementation of the obligations of the State party under the Convention, the Committee stresses that the Convention is binding on all branches of government, and it invites the State party to encourage the Parliament, in line with its procedures, where appropriate, to take the necessary steps with regard to the implementation of the present concluding observations between now and the Government s next reporting process under the Convention. The Committee notes the limited distribution of its previous concluding observations and recommendations contained therein to Parliament and the lack of systematic parliamentary oversight to ensure accountability on women s rights and gender equality. The Committee recommends increased dissemination of the State party report as well as the Committee s concluding observations and recommendations to all parliamentarians. The Committee urges the State party to consider establishing a Human Rights Select Committee in Parliament to strengthen parliamentary oversight on human rights generally and especially on women s rights and gender equality. </p> <h3>Definition of gender discrimination and gender equality </h3> <p>11.Recalling its previous recommendation (CEDAW/C/NZL/CO/6), the Committee remains concerned that there is still no explicit and comprehensive prohibition against direct and indirect discrimination against women within the State party s Constitution or legislation in accordance with article 1 of the Convention. The Committee is concerned that sufficient protection against direct and indirect discrimination by private actors regarding equal pay for work of equal value is not provided for by law.</p> <p style="font-weight:bold;">12. The Committee recommends that, in the context of the current constitutional review, the State party ensure full incorporation into the C onstitution and/or other legislation, of the principle of equality between women and men in accordance with article 2 (a) of the Convention. The State party is urged to establish a legal definition of discrimination on the basis of sex in line with article 1 of the Convention, and to extend state responsibility for acts of discrimination by both public and private actors in accordance with article 2 (e) of the C onvention, with a view to achieving formal and substantive equality between women and men.</p> <h3>Visibility of the Convention, the Optional Protocol and the Committee s general recommendations </h3> <p>13.While noting with appreciation that the Ministry of Justice launched a website on human rights in 2010 which provides information on the Convention and its Optional Protocol, the Committee remains concerned that the State party has not taken adequate action to promote the visibility of the Convention throughout the country. The Committee is concerned that many women are not aware of the complaints mechanism under the Optional Protocol and that there is inadequate knowledge of the rights of women under the Convention. The Committee is concerned as well that there has been insufficient action taken on behalf of the State party to train judges and lawyers on the Convention and to integrate it into the State party s legal framework. </p> <p style="font-weight:bold;">14. The Committ ee urges the State party:</p> <p style="font-weight:bold;">(a) To e nhance women  s awareness of their rights and the means of access to justice at the national and local levels for women claiming violations of their rights under the Convention, and ensure that information on the Convention is provided to women in all parts of the State party, including in schools and tertiary education institutions and through the use of informat ion campaigns and the media;</p> <p style="font-weight:bold;">(b) To d isseminate the Convention, the Optional Protocol, the Committee  s general recommendations and its views on individual communications and e nquiries among all segments of society, and organize legal education and regular training for government officers, legislators, judges, lawyers, magistrates, prosecutors, the police, and other law enforcement officers on the Convention and its applicability so that it can serve as an effective framework for all law, court decisions and policies on gender equalit y and the advancement of women.</p> <h3>Access to justice and legal complaints mechanism </h3> <p>15.The Committee is deeply concerned about the State party s tightened funding and proposed eligibility criteria for legal aid, which have led to fewer applications by women and which may continue to have a negative impact on women s access to justice, especially as 65 per cent of legal aid users in the State party are women. The Committee is also concerned that migrant women lack access to appropriate legal services because of cultural, financial and linguistic barriers, and that the proportion of Mori women prosecuted and convicted for crimes as well as among victims of crime is disproportionally high. Furthermore, while the Committee welcomes the role of the Human Rights Commission in providing a mechanism to hear discrimination complaints, it is concerned that information about this complaints mechanism has not been sufficiently disseminated and that the Human Rights Commission lacks sufficient resources. </p> <p style="font-weight:bold;">16. The Committee urges the State party:</p> <p style="font-weight:bold;">(a) To facilitate women  s access to justice, including by providing free legal aid to women without sufficient means and to increase efforts to make sure that migrant women and Mori women are not discriminated against in the administration of justice;</p> <p style="font-weight:bold;">(b) To implement systematic training to the legal profession and non &#8209; governmental organizations on the application of legislation prohibiting discrimination, including in the area of access to justice, in the light of its obligations under the C