Human Rights Environment
Discrimination and Marginalisation
Latest News
Trans youth and teachers helped the Commission develop two FAQs for schools. These provide the information that schools often need so that they are able to support trans students and their families. These FAQs are part of 11 online resources published by the Commission in November 2011. Trans People: Facts and Information also
includes workshop outlines, links to community groups, and specific resource lists for employers, health professionals and those working with children and young people.
The Department of Labour’s Transgender People At Work fact sheets for employers and employees have been updated and combined into one resource. Some printed copies are available from the Department of Labour or they can be downloaded online.
The Human Rights Act 1993 protects trans people from unlawful discrimination, under the ground of sex. An August 2006 Crown Law Office opinion agreed that trans people are protected, whether or not they have had gender reassignment surgeries (PDF).
The Transgender Inquiry recommended rewording the Human Rights Act 1993 so it was explicit that gender identity is covered under the ground of sex. Read more here about the Inquiry’s recommendations to reduce discrimination.
The Inquiry recommended focusing on discrimination in three priority areas:
- education – that schools share best practice about supporting trans children and young people
- employment – e.g. providing information about issues for trans people in the workplace
- safety – e.g. recording information about crimes against trans people and sharing best practice for searching trans people.
Progress so far is listed below, and the Commission is keen to hear any steps others have taken to advance these issues.
Education
Primary and secondary education
The Commission has met with the Ministry of Education who have said there may be opportunities to include the experiences of trans students as examples within general resources produced for schools. At a local level, the Commission has met with Ministry staff in the Northern Region to talk about the challenges trans students face and has provided links to local trans groups, resources and health professionals to support individual students. This work has identified the value of a Frequently Asked Questions resource for students, schools and parents, and we plan to work together to draft a simple pamphlet. Any suggested questions and answers or offers of help are very welcome particularly from trans students, their parents or teachers.
Tertiary Education
The Commission is very pleased to see some progress on the Inquiry recommendation that universities and other tertiary institutions clarify how trans students can change sex and name details on their records. The Otago University Students’ Association (OUSA) has produced a pamphlet for trans students on campus about when they can and cannot change details on academic and other university records. They hope the pamphlet can be used as an advocacy tool for trans students at other tertiary institutions across New Zealand. Hard copies can be requested by emailing OUSA are keen to work with other students’ associations and trans youth on these issues, particularly where a national approach is needed. The contact is philippa.keaney@ousa.org.nz.
The Commission continues to update the Children, Young People and their Families resource page and any suggested additions are very welcome.
Employment
The Department of Labour has published its online Transgender people at Work fact sheets.
The Commission has developed a list of selected resources for employers and employees about workplace issues for trans people. In addition, our A-Z pre-employment guidelines include two common issues that come up for trans people when they apply for a job. They clarify that there are very few instances where trans people can be required to disclose their gender identity and that employers have a responsibility to respect the privacy of trans job applicants.
Safety
Searches
In June 2008 some trans people met with government agencies to talk about how their dignity can be better respected when they are being searched. The government agencies included Police, Corrections, NZ Customs, Immigration NZ, and Child, Youth and Family.
Detention Issues
In July 2008 a meeting was held with government agencies about issues for trans people in detention. Before this discussion, the Commission met with some trans women who had been in prison and one of them came and spoke at this dialogue session. The Ministry of Justice also collated this bibliography of recent overseas articles about trans people’s experiences in prison, and a summary of the key issues and recommendations from that material.
As a result of these 2 dialogue sessions, government agencies are looking at whether changes are needed in their current policies and practices.