HUMAN RIGHTS ISSUE ON CERTAIN SPECIFICAL MATTERS

[KODAKKAL SHIVAPRASAD]

Prohibited Grounds of Discrimination

The Human Rights Act 1993 (the Act) specifies a number of personal characteristics that are protected from unlawful discrimination. These are called ‘grounds’. The Act also describes the ‘areas’ in which it is unlawful to discriminate against people because of the grounds listed in the Act. This protection exists unless the Act has an exception that says that discrimination relating to a particular ground or area is not unlawful.

Prohibited grounds
The grounds on which discrimination is prohibited are:

Sex (gender)
This includes pregnancy and childbirth.

Marital status
This means being single; married; in a civil union or in a de facto relationship; the surviving spouse of a marriage or the surviving partner of a civil union or de facto relationship; separated from a spouse or civil union partner; a party to a marriage or civil union that is now dissolved, or to a de facto relationship that is now ended.

Religious belief
This ground is not limited to traditional or mainstream religions as religious belief is given a broad meaning in New Zealand law.

Ethical belief
This means not having a religious belief.

Colour, race, or ethnic or national origins
This includes nationality or citizenship.

Disability
This means:
physical disability or impairment
physical or psychiatric illness
intellectual or psychological disability or impairment
any other loss or abnormality of psychological, physiological or anatomical structure or function
reliance on a guide dog, wheelchair, or other remedial means
the presence in the body of organisms capable of causing illness (like HIV or hepatitis).

Age
People are protected from discrimination based on their age if they are 16 or over. Although children and young people (those 15yrs and under) are protected from discrimination on other grounds such as disability, they are not protected from discrimination on the grounds of age.

Political opinion
This means any political opinion and includes not having a political opinion.

Employment status
This means being unemployed, being on a benefit or being on accident compensation (ACC). It does not include being employed or being on national superannuation.

Family status
This means being responsible for children or other dependants (part-time or full-time); not being responsible for children or other dependants; being married to, or in a civil union, or in a de facto relationship with a particular person; or being a relative of a particular person.

Sexual orientation
This means being heterosexual, homosexual, lesbian or bisexual.

These grounds apply to a person’s past, present or assumed circumstances. For example: It is unlawful to discriminate against someone because they have a mental illness, had a mental illness in the past, or are incorrectly assumed to have a mental illness.

Indirect discrimination
Indirect discrimination occurs when an action or policy that appears to treat everyone in the same way, actually has a discriminatory effect on a person or group on one of the grounds in the Act – unless there is good reason for the action or policy. The same grounds apply to both direct and indirect discrimination. For example: Access to a shop which requires customers to climb stairs to enter it, indirectly discriminates against someone who uses a wheelchair.

Areas in which the Act applies

The Act prohibits discrimination on the above grounds in specific areas of life. These areas are:

Government or public sector activities
Employment
Access to education
Access to public places, vehicles and facilities
Provision of goods and services
Provision of land, housing and accommodation
Industrial and professional associations, qualifying bodies and vocational training bodies
Partnerships.

The Act also has special provisions that apply to discriminatory laws.

For further information on how the Act applies in different areas see fact sheets no.4 on “Discrimination by the Public Sector”, no.5 on “Discrimination by the Private Sector”, no.6 on “Discriminatory Laws” and no.7 “Discrimination in Employment or contact the Human Rights Commission’s InfoLine.

Exceptions

The Act contains a number of exceptions to the grounds and areas of unlawful discrimination. Major exceptions include:

Government or public sector activities that are reasonable, lawful and demonstrably justifiable in a free and democratic society
Affirmative action schemes based on genuine need.

There are other exceptions to the Act which vary according to the situation.

For further information contact the Human Rights Commission’s InfoLine.

Sexual harassment, racial harassment and the excitement of racial disharmony are also unlawful under the Human Rights Act

Sexual harassment, racial harassment and the excitement of racial disharmony are particular types of discrimination.

Sexual Harassment is:

A request for sexual activity, together with an implied or overt promise of preferential treatment or threat of detrimental treatment; or
Physical behaviour, language or visual material of a sexual nature which is unwelcome or offensive and either repeated or significant enough to have a detrimental effect on the person subjected to it.

Racial Harassment is:

Language, visual material or behaviour which is racist, hurtful or offensive to a person subjected to it, and either repeated or significant enough to have a detrimental effect on the person subjected to it.

Exciting Racial Disharmony is:

Distributing material that is, or using words that are, threatening, abusive or insulting and are likely to provoke hostility and contempt towards people because of their colour, race or ethnic or national origins.

Sexual harassment and racial harassment are unlawful if they occur in the same areas as other types of discrimination. Racial harassment is also unlawful if the words or material are broadcast, published or used in a place the general public has access to.

What is the process for dealing with disputes?
If you are involved in a dispute relating to unlawful discrimination you can ask for information and/or assistance from the Human Rights Commission.

For further information on the disputes resolution process see fact sheet no.2 “What is the Process for Dealing with Disputes?”

Disclaimer

While we have tried to make this educational information as accurate as possible, it is not exhaustive and should not be regarded as legal advice. Please contact a lawyer for specific legal advice. You are also welcome to phone the Commission for further advice.


For information or to make a complaint under the
Human Rights Act, contact
The Human Rights Commission
I n f o L i n e
0800 496 877 (toll free)
TTY access number: 0800 150 111
Fax: [phone] (Attn: InfoLine)
Email: [e-mail]
Or for on-line information visit us at
www.hrc.co.nz


Published by the Human Rights Commission, Te Kāhui Tika Tangata March 2006
PO Box 6751, Wellesley St, Auckland, Aotearoa-New Zealand Fact sheet #03

[Chinmay Kar]

Thanks for circulation. Some few days back I had referred this circular received from NZ. - Chinmay Kar 15-08-2009

[Ranjeeta K]

Hello sir, information is good, but if it not related to India, then why to put here, which create confusion in mind of person having glance.. I know law in our country are extermely good, but implemention extermely bad. Lets talk abt our country, our development..... We want india to be develop nation... How long it would be developing ????

Again , far better if information related to disability is given preference, bcoz , if we talk abt other topics, it will mislead our direction... our aim is upliftment of people with disability.

I know sirs, u will completely agree with me..

[KODAKKAL SHIVAPRASAD]

Dear Ranjeet & Chinmay,

It may be noted that LAW IS SLOW in India, hence implimenting several disabled welfare schemes are kept in vain, hence we should wait for automatice grear-up in this regard.

KODAKKAL SHIVAPRASAD

[Chinmay Kar]

"….. information is good, but if it not related to India, then why to put here, which create confusion in mind of person having glance…."- Ranjeeta. A good ask.

Not only Ranjeeta but the Sr.Officials of different NGOs and others used to attend me expressed their identical inquisitiveness on this circular.

Incidentally Secretary UN Org (Disabled) N.Y on being referred on the similar lines has informed me vide e-mail dated 02.04.2009 "Please see our website for more information on the Convention on the Rights
of Persons with Disabilities, which is a legally binding treaty on Governments.. Also, India has ratified the Convention on 1 October 2007" As regards allowing exemptions, relaxations, Special provisions etc if any made for old aged disability and disabled persons, I had requested all the highest ranging officials of Ministry of Social Justice & Empowerment of GOI from time to time since last Nov'08 onwards but very sorry to inform that due to unknown reasons they are unable to reply.

Since GOI's representative were present at the Convention held at 2007 as mentioned by Secy. UNO(D) ratified and signed the resolution passed by members of 147 countries including India, it is presumed that the circular in question is equally enforceable in this country.

Hope my friend K.S., well conversant with Disabled affairs may be able to explain the reality for every ones knowledge and better appreciation on this issue. - Chinmay Kar 17-08-2009

[KODAKKAL SHIVAPRASAD]

Dear Chinmay,
As we aware that we have to post several messages in this forum network to gain knowledge/resource powers between each other, so that we should get dignity/humanity as and when in crisis.

However i am in touch with government official on different disability issue on time basis, but no-one is obeying the suggestions in a speedy/fast developed manner.

Hence we wait our turn in to get reality about our postings well in time.

with best wishes,
KODAKKAL SHIVAPRASAD

[Ranjeeta K]

Hello Chinmay sir,

Can u pls send me link of ur site..

[Chinmay Kar]

My dear Sister Ranjeeta,
Due to Hemaparasis (Paralysis of entire right side including vocal problems as a result of stroke) I have been advised by Doctors to avoid telephonic conversations. However as desired, all my contact details are furnished below for your ready references for contact purpose:
1. E-mails: 1) [e-mail] - For General & Humanright purpose
2) [e-mail] - For official case dealing purpose
3) [e-mail] -For personal purpose
4) [e-mail] - For Ship Building consultancy purpose
5) [e-mail] - For Social Welfare works purpose
6) [e-mail] - For own oriented news paper link
[ All the services at above are with out any remuneration]

2. Telephones:
1) Fax / Ph. No. 033-2402-6000 (BSNL Land Line)
2) 033-2420 2181 (BSNL Land Line)
3) 033-6510-3918 (Tata WL.Land Line)
4) 033-9433157536 (Mob.)

Due to constraints mentioned at above I prefer E-mails. You may however avail any of E / IDs at above. Hope you are O.K. Have a nice day. With best wishes.- Chinmay Kar 18-08-2009

[Chinmay Kar]

In continuation:- I have forgotten to mention the link asked for which is http://www.chinmaykar.ning.com -Chinmay Kar 18-08-2003