| Human Rights (Women in Armed Forces) Amendment Act 2007 | |
|---|---|
 | |
| New Zealand Parliament | |
| Royal assent | 4 May 2007 |
| Commenced | 5 May 2007 |
| Legislative history | |
| Introduced by | Lynne Pillay |
| Passed | 3 May 2007 |
| Status: Current legislation | |
The Human Rights (Women in Armed Forces) Amendment Act 2007 is an Act of Parliament passed in New Zealand in 2007. It removed an exemption from the Human Rights Act 1993 which barred women from serving in combat roles in the New Zealand Defence Force.
When New Zealand ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1985, it reserved the right not to apply the Convention insofar as it conflicted with existing policies prohibiting women from taking up combat roles in the military. [1] The policy was reflected in the Human Rights Act 1993 with a clause exempting the armed forces from the prohibition against discrimination on the basis of gender in regards to combat roles. [2] The policy against women serving in combat was formally rescinded by the NZDF in 2000, but the exemption remained on the statute books as a barrier to full ratification of the CEDAW.
The Human Rights (Women in Armed Forces) Amendment Bill was first entered into the member's bill ballot by Labour MP Lynne Pillay on 4 May 2006. [3] It was subsequently drawn on 24 August and introduced to the House. The bill passed its first reading unanimously on 6 September 2006 and was referred to the Foreign Affairs, Defence and Trade Committee. [4] [5]
On 15 December 2006 the Committee recommended it proceed with minor technical amendments. [6] The bill was subsequently adopted by the government in March 2007 in order to ensure its passage before New Zealand's periodic report to the Committee on the Elimination of Discrimination against Women later that year. [7] It was passed through its later stages unanimously, and passed its third reading on 3 May 2007. [8] [9]
Barbara Lynne Pillay is a New Zealand politician, and member of the Labour Party.
The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) is an international treaty adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it was instituted on 3 September 1981 and has been ratified by 189 states. Over fifty countries that have ratified the convention have done so subject to certain declarations, reservations, and objections, including 38 countries who rejected the enforcement article 29, which addresses means of settlement for disputes concerning the interpretation or application of the convention. Australia's declaration noted the limitations on central government power resulting from its federal constitutional system. The United States and Palau have signed, but not ratified the treaty. The Holy See, Iran, Somalia, Sudan, and Tonga are not signatories to CEDAW.
Human rights in Australia have largely been developed by the democratically elected Australian Parliament through laws in specific contexts and safeguarded by such institutions as the independent judiciary and the High Court, which implement common law, the Australian Constitution, and various other laws of Australia and its states and territories. Australia also has an independent statutory human rights body, the Australian Human Rights Commission, which investigates and conciliates complaints, and more generally promotes human rights through education, discussion and reporting.
Nauru is a small island country in the South Pacific. With a population of 13,649 it is the world's least populous independent republic. Nauru's government operates under its constitution, part two of which contains 'protection of fundamental rights and freedoms.' The Human Rights Council (UNHRC) carried out Nauru's Universal Periodic Review (UPR) in January 2011. The review was generally favourable with only a few areas of concern.
The Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women (OP-CEDAW) is an international treaty which establishes complaint and inquiry mechanisms for the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Parties to the Protocol allow the Committee on the Elimination of Discrimination against Women to hear complaints from individuals or inquire into "grave or systematic violations" of the convention. The Protocol has led to a number of decisions against member states on issues such as domestic violence, parental leave and forced sterilization, as well as an investigation into the systematic killing of women in the Mexican city of Ciudad Juárez, Chihuahua.
The Declaration on the Elimination of Discrimination against Women is a human rights proclamation issued by the United Nations General Assembly, outlining that body's views on women's rights. It was adopted by the General Assembly on 7 November 1967. The Declaration was an important precursor to the legally binding 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). Its aim was to promote gender equality, specifically for protection of the rights of women. It was drafted by the Commission on the Status of Women in 1967. To implement the principles of the declaration, CEDAW was formed and enforced on 3 December 1981.
The Sex Discrimination Act 1984 is an Act of the Parliament of Australia which prohibits discrimination on the basis of mainly sexism, homophobia, transphobia and biphobia, but also sex, marital or relationship status, actual or potential pregnancy, sexual orientation, gender identity, intersex status or breastfeeding in a range of areas of public life. These areas include work, accommodation, education, the provision of goods, facilities and services, the activities of clubs and the administration of Commonwealth laws and programs. The Australian Human Rights Commission investigates alleged breaches of the Act. The office of Sex Discrimination Commissioner, created in 1984 alongside the Act, is a specialist commissioner within the AHRC.
The Equal Opportunities Commission (EOC) is a public body in Hong Kong that investigates discrimination complaints and promotes equality. It was created in 1996 as the city's first semi-governmental agency focused on sex discrimination. Its scope has since been expanded to include protecting groups based on race, disability, and family status.
Human rights in New Zealand are addressed in the various documents which make up the constitution of the country. Specifically, the two main laws which protect human rights are the New Zealand Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990. In addition, New Zealand has also ratified numerous international United Nations treaties. The 2009 Human Rights Report by the United States Department of State noted that the government generally respected the rights of individuals, but voiced concerns regarding the social status of the indigenous population.
Samoa, officially the Independent State of Samoa, has a population of approximately 188,000 people. Samoa gained independence from New Zealand in 1962 and has a Westminster model of Parliamentary democracy which incorporates aspects of traditional practices. In 2016, Samoa ratified the Convention on the Rights of Persons with Disabilities CRPD and the three optional protocols to the CRC
The Cook Islands are 15 small islands scattered over 2 million km squared of the South Pacific. According to the latest census, the nation has a total population of approximately 18,000 people. Spread in population between the mainland capital, Rarotonga, and the Outer Islands mean inequality in terms of delivery of public services. Internal migration between Rarotonga and the Outer Islands is relatively high due to lack of schooling and employment opportunities, and increased living standards and availability of medical and educational services in Rarotonga.
Tuvalu is a small island nation in the South Pacific, located North of Fiji and North West of Samoa. The population at the 2012 census was 10,837. Tuvalu has a written constitution which includes a statement of rights influenced by the United Nations Universal Declaration of Human Rights and the European Convention on Human Rights. While most human rights in Tuvalu are respected, areas of concern include women’s rights and freedom of belief, as well as diminishing access to human rights in the face of global warming. The latter has played a major role in the implementation of human rights actions in Tuvalu given its geographical vulnerability and scarce resources.
Women's rights in Tonga, as compared to the United Nations goals of CEDAW, fail to comply entirely with the conventions requirements. Although considerations have been made by the Tongan parliament and government, ratification of CEDAW still remains unresolved. Factors determining the non-ratification of CEDAW are related to cultural protectionism of the Anga Fakatonga or "the Tongan way" of Tongan culture. Issues of Women's rights in Tonga include factors of women's land right, violence against women, political participation in parliament, and general cultural attitude towards the gender inequalities within Tonga. Many of the issues of gender inequalities within the Tongan culture are reinforced in the home and complex structures of the cultural family hierarchy.
The Human Rights Foundation of Aotearoa New Zealand is a non-governmental organisation in New Zealand, which seeks "to promote and defend human rights through research based education and advocacy."
Violence against women in Fiji is recognised to be "pervasive, widespread and a serious national issue" in the Pacific Island region. Fiji's rates of violence against women are "among the very highest in the world". The Fiji Women's Crisis Centre reports that 64% of women who have been in intimate relationships have experienced physical or sexual violence from their partner, including 61% who were physically attacked and 34% who were sexually abused.
The Isle of Man is a Crown Dependency located in the Irish Sea between the islands of Great Britain and Ireland with a population in 2015 estimated to be approximately 88,000. It enjoys a high degree of domestic, legislative and political autonomy through its ancient Parliament Tynwald. By convention, the United Kingdom Government is responsible for the conduct of the international relations and defence of the island. The Isle of Man does not have a written constitution, or a Bill of Rights which sets out its Human Rights. These rights are addressed in the Human Rights Act 2001. The island has also ratified a number of international treaties.
The Marshall Islands is a country in the Pacific spread over 29 coral atolls, with 1,156 islands and islets. It has an estimated population of 68,480 and is one of the sixteen member states of the Pacific Islands Forum. Since 1979, the Marshall Islands has been self-governing.
Forced marriage is the marriage of one person to another person without the consent of one or both of the parties. It is to be distinguished from an arranged marriage, where the parties do not select their partners but there is free choice to accept or decline the marriage. Forced marriage is widely recognised as a human rights abuse, with some commentators considering it a form of slavery.
Marital rape generally refers to non-consensual sexual intercourse between married spouses. In Singapore, there used to be a partial immunity for marital rape first introduced during British colonial rule because it was deemed not a criminal offence except when the wife is below 13 years of age or when any of the specific circumstances provided under section 375(4) of the Singapore Penal Code are satisfied. Since 1 January 2020, the law was repealed and its immunity lifted under the Criminal Law Reform Act 2019, criminalising marital rape.
Examples of Gender inequality Papua New Guinea includes poverty, violence, limited access to education and health care, and witch hunts. Cases of violence against women in PNG are under reported. There is also a lack of services for women who experience violence. There are reports of sexual abuse by police officers, on arrest and whilst in police custody. These incidents lack documentation or investigation, consequently, perpetrators are rarely prosecuted or punished. The government of Papua New Guinea (PNG) has introduced legislation to combat these issues, though with limited success.