Human Rights Commission

It can be unlawful to treat people differently because:

• they have experience of mental illness now
• they have had experience of mental illness in the past
• someone thinks they have, or have had, experience of mental illness
• being treated differently because of mental illness is not always unlawful. The Human Rights Act sets out certain areas of life where it is unlawful.

These are:

• Government or public sector activities (including public mental health services, Work and Income (WINZ), Accident Compensation Corporation (ACC), and Inland Revenue Department (IRD)
• employment (including job advertisements, job interviews, job offers, working conditions and pay, being forced to retire or leave, or being fired)
• access to education and training (including going to school or polytechnic, and using study support services)
• access to public places, vehicles and facilities (including public transport, taxis, parks, pools and libraries)
• provision of goods and services (including insurance, hire purchase or house loan)
• provision of land, housing and accommodation (including finding a place to live or being asked to leave a house or flat)
• industrial and professional associations, qualifying bodies and vocational training bodies (including clubs and unions).

Treating others differently can be okay… sometimes.

The law says that people can be treated differently sometimes. Under the Human Rights Act, lawful discrimination includes actions such as:

• advertising for a woman to work as a counsellor with other women
• helping a disadvantaged group to achieve equality
• government or public sector activities that are reasonable, lawful and demonstrably justifiable in a free and democratic society.

Example of a “measure to help people with experience of mental illness to achieve equality”:

Competitive businesses that have a social mission to create employment, particularly for people with experience of mental illness.

One area of life that it is unlawful to treat people differently in is the provision of goods and services, which includes insurance. However, the Human Rights Act allows insurers to offer policies with different terms and conditions in relation to sex, disability (including mental illness) and age. The Act does not permit insurers to refuse insurance on any of the grounds of unlawful discrimination.

Do I always have my human rights?

People with experience of mental illness often feel they have lost their rights, particularly if they have to go into hospital or receive treatment. This is not the case.

People who are assessed and treated for a mental disorder under the Mental Health Act do lose the important right to choose and consent to that assessment and treatment. However, they still have other rights, such as:

• the right to seek a consultation with a psychiatrist of their choosing to get a second opinion
• the right to request a lawyer for advice
• the right to receive mail
• the right to company.

Once a person engages with a mental health service provider, the services provided should be consistent with the Code of Health and Disability Consumers’ Rights 1996. Go to www.hdc.org.nz/theact to view those rights.

Human Rights Commission

Contact the Human Rights Commission for free and confidential advice:

Freephone – 0800 496 877

Email – infoline@hrc.co.nz

Teletypewriter access number: 0800 150 111

Language Line, an interpreting service, is available.

An appointment with a sign language interpreter is available.