Human Rights, Clindren and Migration
Compilation
of UN Committees
concluding observations
2000 / 2010
Last update: Sep, 2011
Economic, Social
& Cultural Rights
  • year: 2011
  • committee: CRC
  • country: NEW ZEALAND
  • region: ASIA PACIFIC
  • References:
    CAT: Committee Against Torture
    HRC: Human Rights Committee
    CEDAW: Committee on the Elimination of Discrimination Against Women
    CESCR: Committee on Economic, Social and Cultural Rights
    CERD: Committee on the Elimination of Racial Discrimination
    CMW: Committee on Migrant Workers
    CRC: Committee on the Rights of the Child

NEW ZEALAND, CRC/C/NZL/CO/3-4

Non-discrimination

24. While noting with interest the “Child Voices: Youth Choices” project and the various efforts undertaken by the State party to improve the situation of the Maori, particularly in the fields of education and health, the Committee remains concerned at continuing manifestations of discrimination against the Maori population, including children, as evidenced by their unequal access to services.

25. The Committee recommends that the State party ensure full protection against discrimination on any grounds, including by:

(a) Taking urgent measures to address disparities in access to services of Maori children and their families;

(b) Strengthening its awareness-raising and other preventive activities against discrimination and, if necessary, taking affirmative action for the benefit of children in vulnerable situations, such as Maori and Pacific children, refugee children, migrant children, children with disabilities and lesbian, bisexual, gay and transgender children and children living with persons from these groups; and

(c) Taking all necessary measures to ensure that cases of discrimination against children in all sectors of society are addressed effectively, including with disciplinary, administrative or – if necessary – penal sanctions.

Education, including vocational training and guidance

44. The Committee notes with appreciation the numerous efforts of the State party in the sphere of education, including the new Education Amendment Act and Maori Education strategy (2008-2012).  The Committee also welcomes the legal guarantee of access to free education accorded to undocumented children. However, the Committee is concerned that several groups of children have problems being enrolled in school or continuing or re-entering education, either in regular schools or alternative educational facilities, and cannot fully enjoy their right to education, notably children with disabilities (children with special educational needs), children living in rural areas, Maori, Pacific and minority children, asylum-seeking children, teenage mothers, dropouts and non-attendees for different reasons. Furthermore, the Committee is concerned:

(a) That only 20 hours of free early childhood education and care are available and that there is limited access for many children, especially those in need;

(b) That many public schools are pressuring parents to make “donations”;

(c) That bullying is a serious and widespread problem, which may hinder children’s attendance at school and successful learning; and

(d) At the number of school suspensions and exclusions and that it affects in particular children from groups which in general are low on school achievement.

45. The Committee recommends that the State party:

(a) Ensure that all children have access to high quality early childhood education and care that, at a minimum, is free for socially disadvantaged families and children;

(b) Continue and strengthen its efforts to reduce negative effects of the ethnic (cultural, regional) and social background of children on their enrollment and attendance in school;

(c) Invest considerable additional resources in order to ensure the right of all children, including children from all disadvantaged, marginalized and school-distant groups, to a truly inclusive education ;

(d) Use the disciplinary measure of permanent or temporary exclusion as a means of last resort only, reduce the number of exclusions and ensure the presence of social workers and educational psychologists in school in order to help children at risk with their schooling

(e) Take steps to ensure that parents are not pressured into making donations to schools and that children are not stigmatized if their parents do not, or are unable to, make such donations; and

(f) Further intensify its efforts to eliminate bullying and violence in schools, including through teaching human rights, peace and tolerance.

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