5th Periodic Report under the International Covenant for Economic Social and Cultural Rights Feedback
Article 2: Progressive enjoyment of economic, social and cultural rights
Read the text in the report here.
The Covenant guarantees all economic, social and cultural rights to everyone without exception, and ensures a duty to protect members of society from any form of discrimination.
The report covers developments such as relevant measures taken through New Zealand's budget process, Sustainable Development Goals, business and human rights, and disability rights.
Committee recommendations
The paragraph numbers below are taken from the Committee's concluding observations that you can access here.
11. The Committee recommends that the State party introduce a government-wide strategy to ensure that the nature and impact of unconscious bias is understood by governance bodies and employees at all levels, owing to the significant detrimental impact unconscious bias has on Māori in all areas of life. The Committee also recommends that the State party ensure that this strategy takes on board public procurement procedures and is supported by comprehensive training and education, as well as effective monitoring mechanisms. The Committee draws the State party’s attention to its general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights.
15. The Committee recommends that the State party take measures to ensure the maximization of the resources allocated for the realization of Covenant rights, including by making the necessary adjustments to the Public Finance Act (1989) by introducing human rights impact assessments. It also recommends that appropriate consideration of the Covenant obligations of the State party is established when fiscal and resource generation and allocation decisions are made. While noting the State party’s commitment to the Goals of the 2030 Agenda for Sustainable Development, the Committee recommends that the initiatives and resources allocated to their achievement be underpinned by the Covenant obligations.
17. The Committee recommends that the State party:
(a) Expedite the adoption of a national plan of action on business and human rights to implement the Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework;
(b) Strengthen the regulatory framework, including that concerning legal liability, for companies operating in the State party and those domiciled under its jurisdiction acting abroad, to ensure that their activities do not negatively affect the enjoyment of economic, social and cultural rights and that victims can claim reparations through the State party’s judicial and non-judicial mechanisms;
(c) Strengthen the capacity of the national contact point.
18. The Committee draws the State party’s attention to its general comment No. 24 (2017) on State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities.
20. The Committee recommends that the State party harmonize its domestic legislation, notably the provisions of the Human Rights Act (1993) and the Education Act (1989) related to the rights of persons with disabilities, including concerning reasonable accommodation and inclusive education, and bring them into line with international standards. The Committee also recommends that the State party continue its efforts to improve the living conditions of persons with disabilities, including by effectively implementing the updated New Zealand Disability Strategy (2016–2026) and the Disability Action Plan (2014–2018), in close collaboration with the groups concerned.