="attachment_7067" align="alignleft" width="108" caption="Judy McGregor EEO commissioner"][/caption]

Disabled people continue to have to fight for their rights because society denies them justice, respect and a fair go.

Recently at the fantastic DPA Conference held in Invercargill (congratulations, DPA!) I was asked whether the Human Rights Commission thought it was acceptable that disabled people should have to struggle through mediation and litigation, often for many years with added emotional stress and financial hardship?

Of course, the Human Rights Commission does not think this is acceptable. We acknowledge the amazing sacrifice of  those who fight for the rights of disabled people and offer as much support as we can in the process.

Without those truly courageous disabled people who are prepared to fight, societal attitudes will never change, remedies will not be available to those who have suffered human rights abuses, and government responses and service delivery will never improve.

In this edition of Manahau we feature a disability rights and accommodation case in which Justice was done. It relates to Article 9 of the Convention on the Rights of Persons with Disabilities (CRPD). This states that State Parties shall ensure that "private entities that offer facilities and services which are open or provided to the public take into account all aspects of accountability for persons with disabilities".

Can I wish all Manahau readers and their families and supporters very warm Christmas greetings on behalf of staff, managers and Commissioners of the New Zealand Human Rights Commission. I would like to especially thank Victoria Manning for her great work writing Manahau in 2010.

Nga mihi mo te Kirihimete.

 Judy McGregor

Although Laura had informed the owner about guide dog Rua when booking, on the second day of their stay, she found Rua's bed had been removed from the room and placed on the deck. In spite of further explanations of her rights and the owner's responsibilities, the matter was not settled and the group moved to alternative accommodation.

The accommodation owner, by not allowing Rua to stay with Laura, breached the Human Rights Act. Mediation by the Human Rights Commission did not resolve the issue. The matter was later settled before it was heard by the Human Rights Review Tribunal.

Laura received $8000 compensation with an unreserved apology. Her case was reported widely, including a feature in the Bay of Plenty Times.

However, the case did not end there. Laura donated $5000 of the settlement to the Royal New Zealand Foundation of the Blind's Guide Dog Services. The money will help towards the expenses of training a guide dog puppy.

Laura is well aware of the difference a guide dog can make to the life of a person who has lost their sight. "The impact of a guide dog is so wide ranging it is difficult to know where to begin. Together we have the confidence to do things sighted people take for granted."

With no government funding, it costs over $22,500 and, on average, two years to breed and train a guide dog. Laura's generous donation will contribute to the training of puppy Justice, from the "J" litter, who she named earlier this year. Justice is a Labrador retriever/golden retriever cross, currently living in Auckland with his puppy walker. Laura will be updated on his progress every three months.

Looking back, Laura says, "I hope by making this stand for Rua and myself, business owners and managers will be better informed about their responsibilities so this situation need not occur to someone else in the future.

"Justice was done in this case!"

Chief Commissioner Rosslyn Noonan said the Commission is working with the Minister of Justice to make the necessary changes to the Human Rights Act to establish a full-time Disability Rights Commissioner. Once the Human Rights Act is amended to formally establish the new Disability Rights Commissioner, the role would be widely advertised and an appointment made as soon as possible. The Minister has not stated a timeframe, but disabled people's organisations might assist by putting pressure on the Government to progress this.

The Government has given the Commission additional funding to carry out its responsibilities as part of the independent monitoring of the Disability Convention. The Commission has temporarily increased its staff working on disability issues. When the Disability Rights Commissioner is appointed more permanent arrangements will be put in place. The Commission has appointed Nicola Owen as Disability Programme Coordinator (see next article). The role will assist the Commission in preparing its independent report to the United Nations on the Disability Convention.

Until a full-time Disability Rights Commissioner is appointed, Ms Noonan and EEO Commissioner  Dr Judy McGregor , will share responsibility for disability rights in the Commission. Richard Tankersley, a part-time South Island Commissioner, will assist Ms Noonan and Dr McGregor.

The Commission has strongly advocated for the establishment of a full-time Disability Rights Commissioner with the Government since the ratification of the Disability Convention.

Ms Noonan said, "This is a sign of real progress in measures to promote, protect and monitor the implementation of the Disability Convention."

This new role will mean a greater focus on ensuring disabled people can take an equal place in New Zealand society without discrimination.

Auckland Disability Law and the Commission want to make sure disabled people's experiences are reflected in this report.

Ms Owen is a disabled person with a background in disability rights, community engagement, and project coordination. She has had disability advisor and management jobs in universities both in New Zealand and in the United Kingdom.

Meetings with disabled communities and organizations around the country will seek information on disabled people's experiences and the barriers they face. The Commission is beginning to have individual meetings now and is preparating for larger community meetings in March/April 2011. The Commission is planning to have separate huis with whānau hauā (Māori disabled people) and Pasefika disabled people. 

The Commission's work on disabled people's rights is supported by the Commission's Disability Experts Group. This group assists the Commission in analysing and prioritising all the information.

If you would like to be included on the Commission's disability contacts data base, please contact Victoria Manning VictoriaM@hrc.co.nz; Bruce Coleman BruceC@hrc.co.nz, ph: 03 353 0952; or Nicola Owen NicolaO@hrc.co.nz, ph: 09 375 8649.

One disabled person in Southland said, "You have to work harder to prove your worth. At work, I find that I try to keep one step ahead of everyone, always planning and preparing in advance so that, in my role, I don't appear to be incompetent, needy or different from anyone else."

Disabled people reported that employers often made incorrect assumptions. A group of blind people in Wellington said interviewers did not ask how guide dogs behaved at work. They assumed the guide dog would be like their family pet and would run around distracting everyone.

A difficult issue for some people is whether to tell a potential employer about a mental illness. A group in Auckland believed disclosing their mental illness on a job application means you are less likely to get a job interview. However, not telling an employer about a mental illness means there is a risk they will not provide accommodations if you become unwell. There might also be a risk of being dismissed for dishonesty.

Unemployment is highest among Māori and Pacific people with disabilities. Their rates are more than three times higher than those of other disabled people (2006 Statistics NZ Disability Survey).

"Access to work for people with disabilities is one of the most common themes that emerged from the National Conversation about Work", says EEO Commissioner Dr Judy McGregor. "We have to urgently find ways to help disabled people to be able to work productively. That's why the Employers Disability Network is such an important initiative." (See next article.)

The Disability Convention "Human Rights - Yes!" resource highlights how the subtle nature of disability discrimination at work can make it difficult for disabled people to challenge the violation of their rights.

Violation of the right to work can trap disabled people in a cycle of poverty. For example, a disabled person who is unable to work and earn a fair wage may be unable to attain an adequate standard of living. This situation can force that person to become dependent on others, restricting choices and limiting the ability to live independently in the community.

The National Conversation report recommendations include: increasing the number of disabled people in work, promoting inclusive employment practices, clarifying the minimum wage exemptions, and providing guidance on telling employers about having a mental health issue.

Information from the National Conversation will be used to develop a new framework for changing legislation, policy and practice to improve equal employment opportunities.

The research document Journey to Work identifies the need for more leadership from the public sector in the recruitment, support and career development of disabled people. It calls for a strategy and targets to increase the number of disabled people in work.

The State Services Commissioner has a responsibility to promote and monitor equal employment opportunities in the public sector, including for disabled people. Data collection on disabled people employed in the public sector ceased in 2006, because of problems with the data quality.

Many countries have quota systems for employing disabled people, particularly in the public sector, according to the Disability Convention's Handbook for Parliamentarians. A quota system is where agencies must hire a target number of disabled people. Overseas, these quota range between two and seven per cent and normally apply to medium to large agencies. Agencies who do not meet these targets are usually fined. These fines have not always improved employment rates, but funding from the fines is often spent on employment-related programmes for disabled people.

The Disability Convention puts an obligation on the Government to ensure equal employment opportunities for disabled people. Equal opportunities can include things like affirmative action programmes (such as a quota system), incentives, reasonable accommodations, supported employment services and support to employers.

In New Zealand, there are supported employment services, reasonable accommodation provisions and initiatives to support employers. However, there has been little consideration of affirmative action programmes and government incentives for employing disabled people.

The Disability Convention's promotion of the right to work covers persons with disabilities at all stages of employment, including those seeking work, those advancing in employment and those who acquire a disability during employment.

The Government provides some initiatives aimed at supporting disabled young people's transitions to employment. This includes services and support provided by the Ministries of Social Development and Education. However, the 2006 Disability Survey found that only 17 per cent of disabled adults had used career guidance or information services.

Employment rates for disabled people are strongly linked to educational attainment. The 2006 Disability Survey found that 78 per cent of disabled children with high support needs and 50 per cent of children with medium support needs have experienced some kind of limitation in their school activities.

The Journey to Work and National Conversation reports both highlight the need for more nationally consistent and coordinated plans for young people, beginning in their school years.

The Network is designed by employers for employers. Its board is chaired by John Allen, the Chief Executive of the Ministry of Foreign Affairs and Trade. Other board members include top executives from ANZ bank, Westpac bank, Fletcher Building, the Accident Compensation Corporation, the Ministry of Social Development and the Department of Corrections. The Network is administered by Anne Hawker, Principal Disability Advisor at the Ministry of Social Development.

The Network has been focusing on providing employers with information and resources through their website, which was launched in Parliament on 24 September. These resources include publications and research on promoting the participation of disabled people in employment.

The Employers' Disability Network supports employers' understanding of people with disabilities, helps more people into work and improves services to disabled customers.

It provides a forum to:

• connect employers with services and expert advice in the disability area
• address strategic issues
• develop solutions to common barriers
• promote the economic and social inclusion of disabled people.

="attachment_7064" align="alignleft" width="160" caption="Rosslyn Noonan Chief Human Rights Commissioner"][/caption]

EEO Commissioner Dr Judy McGregor will be leading the Human Rights Commission's work on the rights of disabled people for the year ahead. This is a priority area for me as Chief Commissioner. I will be working alongside Judy and continuing to be actively involved. We will be supported by Commissioner Richard Tankersley. We have asked him, as a first priority, to assist with the establishment of a network of Maori disabled people to ensure a strong indigenous dimension to the Commission's work on the Convention on the Rights of Persons with Disabilities. Richard will also work on the establishment of a Pacific Group.

A further signal of the priority the Commission places on this work is the high level staff involvement, including Executive Director, Joanna Collinge; Manager Strategic Policy Susan Freeman Greene; Manager External Relations, Shae Ronald; Kaiwhakariti Hemi Pirihi; and of course, Senior Monitoring & Evaluation Advisor, Bruce Coleman and Victoria Manning, Advisor.

We will keep you up to date as we develop plans for engagement throughout New Zealand.

Rosslyn Noonan

The Commission is providing Manahau subscribers with the full text of the statement so that members of the disability community can promote it widely among their networks. We have taken the liberty of adding the presenter's name [Paul Henry] in brackets.

Last year during 'What's In The Mags', Breakfast screened comments about the singer Susan Boyle. The comments were made by a Breakfast presenter [Paul Henry] and concerned Ms Boyle's intellectual disability.

TVNZ upheld viewers' complaints that the comments breached the broadcasting standard requiring Good Taste and Decency. The presenter [Paul Henry] also made a public statement saying he had not intended to cause offence.

Eleven complainants were not satisfied with the action taken by TVNZ, and referred their complaints to the Broadcasting Standards Authority.

The Authority agreed with the complainants, finding that TVNZ had taken insufficient action to remedy the breach of standards. It noted that no statement or apology had been made on the Breakfast programme, and that the presenter's [Paul Henry's] public statement was inconsistent with his comments and behaviour in the item.

The Authority said that to mock and belittle a person on account of her intellectual disability was contrary to common decency and a clear breach of the Good Taste and Decency standard.

The Authority ordered Television New Zealand to broadcast this statement.

While the broadcast statement was weak, the BSA decision is a landmark decision and is worth reading in full. Here it is at http://www.bsa.govt.nz/decisions/2010/2010-001.htm

Judy McGregor

The UN Committee is the body of independent experts that monitors implementation of the Disability Convention by States Parties. Ron McCallum is also professor at the University of Sydney Law School and is the first totally blind person to be appointed to a full professorship in Australia.

During his New Zealand visit, Professor McCallum met with government officials and community people to share information and discuss issues around monitoring the Disability Convention.

He said no country yet had a robust and comprehensive system of collecting information and statistics about disabled people's rights. This information is essential to knowing how the Disability Convention is working.

Professor McCallum believes the most important aspect of the Disability Convention is its reliance on the social model of disability. This model states that people who have impairments are a natural part of our human diversity and that society creates barriers by not considering all people when designing buildings, websites, policies, etc. This view clarifies that government and society must commit to removing the barriers they create, so that all people can participate.

Asked about his hopes and aspirations for the Disability Convention, Professor McCallum said, "It's my hope that all nations ratify the Convention and fully implement it to improve the lives of 650 million persons in our world with disabilities".

The Commission's extra funding is part of the Government's investment of $2.34 million over the next three years to help promote, protect and monitor the rights of people with disabilities.

The Disability Convention, which was ratified by New Zealand in 2008, recommends a framework for promoting and monitoring disabled peoples' rights. This framework must include at least one mechanism independent of government. The Minister's announcement stated that the Human Rights Commission and the Office of the Ombudsmen will have an active role as part of this independent mechanism, along with disabled people's organisations.

The Government has also committed $750,000 to resource a network of disabled people's organisations to monitor disabled people's experience in living their life and the difficulties they encounter, such as with accessing government services (including disability supports). A qualitative research and monitoring programme will be established, overseen by the Disability Rights Promotion International Project based at York University in Canada.

The Commission is currently meeting with the Office of the Ombudsmen and the Disability Convention Coalition of disabled NGOs to coordinate the respective monitoring roles. The Commission is also developing internal proposals for how the Commission will undertake this additional work.

New Zealand's first report to the UN on Convention implementation is due in October 2010.

Read Minister Turia's Budget day announcements about disability funding: "$93 million more for disability support services" and "$6.8 million to improve the lives of disabled NZers", and a fact sheet about funding to improve attitudes to disabled people.

There were many other highlights, including working on the Accessible Land Transport Enquiry and nationwide consultations to develop the 2005 Action Plan for Human Rights. "I've been paid to do what I love to do and to work with a fantastic bunch of people," says Robyn.

I've also had the pleasure of seeing the disability community grow in strength and confidence".

Robyn believes that while there have been huge advances in the rights of disabled people in New Zealand, there are still bigger battles ahead. "We need to change people's attitudes about disability, ensure a decent standard of living and address issues for disabled women and Māori and Pacific peoples who have disabilities."

The Commission retains disability as an important priority in developing the next human rights action plan and implementation and monitoring of the Disability Convention.

And, what's next for Robyn Hunt? "I will still be working in human rights as I continue to chair the Commission's Disability Reference Group. I'll still be involved in disability advocacy. I'm looking forward to working full-time on my communications company AccEase, that works to increase access to information for disabled people."

Draft chapters on specific issues have been released for public feedback. Each draft chapter concerns a major human rights issue in New Zealand as identified by the Commission and concludes with recommendations to address the issues.

The Human Rights Commission received 29 submissions on its draft chapter on the rights of disabled people. Submissions were received from a diverse range of organisations and individuals with an interest in improving human rights for disabled New Zealanders.

Submissions on the draft disability chapter are being considered by the Commission and the Commission's Disability Reference Group.

The Commission will provide updates and progress in developing the action plan that will be developed from the review report.

If you would like more information on the disability chapter, please contact Bruce Coleman BruceC@hrc.co.nz or Victoria Manning VictoriaM@hrc.co.nz.

You can read about the other draft chapters on the Commission's website, including the Right to Education, the Right to an Adequate Standard of Living and Human Rights and Women.

The Commission consulted with Deaf community organisations and civil society groups in developing its submission. The Commission recommended changes that will fulfil aspirations of those most involved in ensuring any new options work.

The Commission's submission called on the Ministry to implement the Convention on the Rights of Persons with Disabilities - the Education Article and the wider sign language and Deaf culture provisions.

ights Commission is continuing work to help make sure whānau hauā, Māori disabled people, are involved in implementing and monitoring the Disability Convention.

If you are interested in this work or would like to be added to the Commission's Māori Disabled contact list, please email Bruce Coleman BruceC@hrc.co.nz or Victoria Manning VictoriaM@hrc.co.nz or phone Bruce on (03) 353 0952.

Proposals are due by 30 September 2010. The conference will be held at the Wellington Town Hall, which has wheelchair access. Sign language interpreters will be booked. Please let the conference organisers know if you need them or if you have any other disability access requirements.

The New Zealand Human Rights Commission is supporting the conference and will be participating and running a forum on making human rights a reality for lesbian, gay, bisexual, fa'afafine, trans and intersex people. This forum is based on the Yogyakarta Principles, a universal guide to sexual orientation and gender identity human rights.

To register for the forum, register for the conference then contact Naomi Taylor at the Human Rights Commission (naomit@hrc.co.nz) to state you are interested in the Commission's forum. You can also register for OutGames email updates on the conference website.

This is a unique opportunity to meet people working in human rights and sexual orientation and gender identity in the Asia Pacific region. Come along and take part! We hope to see you there.

The discussion document looks at six aspects of special education: successful schools, changing the way schools work together, improving interagency cooperation and transition, allocating and using funding and other resources, improving the quality of services and improving accountability.

The discussion document is available in PDF and HTML. Braille copies may be requested (follow link above to the Discussion Document). The discussion document summary and questions can be viewed in NZSL on the Deaf Aotearoa NZ website.

Submissions can be made online, by post, email or fax. Submissions are due by Friday 19 March 2010.

Submitters can request to give their submission in person to a review panel in Auckland, Wellington or Christchurch. If you wish to present to the panel, clearly state this in your written submission and provide contact details. Let them know if you require any support, such as a NZSL interpreter.

The Commission encourages people to look at the UN Convention (particularly Article 24) when making submissions.

The review will report to Cabinet in July 2010.

The Office of the Ombudsmen states that education remains a high priority for their office. They continue to receive a large volume of education related complaints, many related to concerns about access to education for "special needs pupils". The Ombudsmen is concerned about the plight of teachers and pupils in situations where children with special needs are not adequately supported in the classroom. The Ombudsmen will keep monitoring this.

The Office of the Children's Commissioner says enquiries and complaints to their advice line indicate students with disabilities are most at risk of exclusion from school.

Statistics from the Ministry of Education (released on 23 September 2009 under the Official Information Act) indicate that during 2008 30 per cent of suspensions were disabled students. Of all students excluded from school, 38 per cent were disabled students. Statistics New Zealand indicates 10 per cent of the school-age population have disabilities. Thus, disabled students are grossly overrepresented in suspensions and exclusions.

The Office of the Auditor-General (OAG) released a report in November 2009. This report assessed how well the Ministry of Education manages its support to disabled students with the highest level of need. This included looking at the Ongoing and Reviewable Resourcing Schemes (ORRS).

OAG staff found that assessment and allocation practices across regions varied. This risks variation in the level of support provided to students with similar levels of need and in similar circumstances. Their report states that the Ministry needs to improve how it identifies students with high special educational needs to ensure that those students eligible for support receive it in a consistent and timely manner. In addition, the support they receive and the progress they make needs to be appropriately monitored.

The OAG's report made 10 recommendations, including encouraging the Ministry to:

• continue to improve its information about the level of need for support
• provide students who have similar needs and circumstances with similar support, regardless of where they live
• better assist and explain the initiatives to educators and parents/caregivers
• put in place more effective systems for collating information about the Ministry's support for students.

Since the release of this report, the Ministry stated work is under way to improve their practices and systems, and that the Review of Special Education focuses on many of the issues identified in the OAG audit.

The Education Review Office (ERO) released a report in September 2009 looking at the governance and management of Resources Teachers Learning and Behaviour (RTLB). This report found wide variability in governance and management practice.

ERO found evidence of Ministry staff giving advice or making decisions that were inconsistent with the stated RTLB policy. This was particularly in relation to decisions about employment practices and RTLB training.

Accountabilities for the use of funding and management of RTLB remains an issue. A similar evaluation in 2004 reported the same findings demonstrating that there has been no real improvement since 2004, despite increased guidance and support from the Ministry of Education.

ERO reported that as a result the current model for governing and managing the RTLB service does not ensure all students referred to the RTLB service are well served. ERO recommends that the existing governance and management model should be reviewed to ensure a more cohesive and consistent approach to the service that RTLB provide for schools.

The Human Rights Commission released a report in 2009 on Disabled Children's Right to Education, providing evidence about the extent to which disabled children are denied the right to education. "When compared against international human rights standards, there are significant outstanding issues about the availability, accessibility, acceptability and adaptability of education for disabled people in New Zealand."

The Review of Special Education Discussion Document states that reports such as these mentioned here will help inform the review.

His involvement in advocating for disability rights can be traced back to his university days. Here Paul met other disabled students at a time when disabled people were becoming more politicised. "We started naming discrimination when it existed and we were increasingly defining ourselves in social, rather than medical, terms." In 1993, Paul was involved in setting up CAN DO at Victoria University, a group run by disabled students.

Paul is now working in a medical environment and meeting some challenges. "This is a largely clinical workforce and getting them to understand disability in social terms is not easy."

Paul has a wealth of experience and skills to draw on. He went through the school system as a vision-impaired child. After a few stints at university, he gained a Masters degree in public policy. Paul has previously worked for two key disability organisations in New Zealand, the Disabled Persons Assembly and CCS Disability Action.

In connection with Paul's position at Capital and Coast Health, he is one of five people who advise the Minister on the Review of Special Education, Hon Heather Roy. "All five of us come from very diverse backgrounds, but we each bring our knowledge and passion for education."

In providing advice to the Minister Paul see his role as bringing a "perspective of a disabled person who has direct experience of the education system and knowledge gathered from years of working with disabled people and their families.

The Review of Special Education discussion document proposes a vision for education for disabled people. This vision includes what the disability community want, such as:

To be "continually learning, having friends, real jobs and enough money, things to do that are meaningful or of interest, a place to call home, loving relationships, and leaving behind a world better for our being here."

Reflecting on his experience, Paul says, "New Zealand has been great at developing visions but struggles to implement these. Disability issues have not been given priority."

Paul strongly encourages everyone to read and respond to the review discussion document.

"I'm really pleased that there is a te reo Māori version of the Convention, as it recognises the status of te reo Māori as an official language of Aotearoa," said Mrs Turia.

"The documents are also significant in supporting Māori disabled people's self-determination, which is a key concept enshrined in the Convention.

"Such access to information, means that disabled people should also be better placed to advocate for change in removing barriers to their participation in society and living a good life on an equal basis with others".

Download the Māori translation of the Disability Convention and the Māori Easy Read translation of the Disability Convention.

The Convention is also available in New Zealand Sign Language, as audio files, Braille, and English easy read on the Office for Disability Issues website.

Ross says, "From my secondary school and university days, I have always had a strong belief in justice and equality of opportunity. The ability to advocate for this is important."

Ross's experience includes being the National Manager of Member Services for the Royal New Zealand Foundation of the Blind, Assistant Chief Executive of New Zealand CCS and Human Rights Commissioner. More recently, Ross has been running a consultancy business from his home base in Christchurch.

Ross is looking forward to taking up his new role. "I welcome the opportunity of leading and managing DPA. The disability community has made some good progress but there is still much to do. Physical and attitudinal barriers still exist."

"Our opportunities include the Disability Convention and DPA must have a recognised partnership role in monitoring implementation in New Zealand."

Ross officially starts his new role on 22 March. Before then, he will be available on a part-time basis. Ross is Christchurch based so he will be commuting from Christchurch to the DPA office in Wellington.

land National Commission for UNESCO recently published a new resource. It provides information in response to frequently asked questions about the UN Convention on the Rights of Persons with Disabilities. The information includes:

• what are human rights?
• what is a convention?
• how does the convention work?

The resource is available in HTML and PDF on the UNESCO website.

="attachment_269" align="alignleft" width="160" caption="Commissioner Robyn Hunt"][/caption]

We are nearly three months into 2010 and already there is a lot happening. I hope everyone had a pleasant holiday break, although it probably seems a long time ago now.

A new year brings a new CEO for DPA. I am looking forward to working with Ross Brereton and warmly welcome his appointment.

Readers' feedback has suggested that each edition of Manahau could have a focus on one Article of the UN Convention on the Rights of Persons with Disabilities. We liked the idea and have begun with a timely focus for this edition on Article 24 - the Right to Education.

You can find out about the status of disabled children's right to education and the Government's Review of Special Education and other reports on the right to education. Have your say and join the discussions and consultation forums taking place around New Zealand.

Māori disabled people will be glad to be able to read the CRPD in te reo along with all the other formats and versions of the Disability Convention. It is significant that the Convention is now available in all three of our national languages, so everyone in the disability community can know about their rights.

The first part of the Article (paragraph 1) affirms that disabled people have the right to education and to all the benefits that come with that. The second part of this article explains ways to make sure disabled people get their right to education. It sets out a framework for equal opportunity and equal access to education for disabled people. This includes providing inclusive education, supports, reasonable accommodations, teaching in sign language and Braille and teachers qualified in sign language and Braille.

Simply providing access to education is not enough to ensure the right to education for disabled people. Other things must be provided - equal opportunities to succeed, quality education and education for the full development of the human potential.

Four broad international standards are often used for assessing the right to education. They are the concepts of availability, accessibility, acceptability and adaptability. Availability means educational opportunities meet the needs of all learners; and ensures the availability of skilled and qualified teachers and support staff. Accessibility means education opportunities must be available to everyone equally, ie, barriers to education are eliminated. Acceptability involves quality standards in the curricula, teaching methods and environments, eg, being relevant, culturally appropriate and of good quality. Adaptability means education has to be flexible. It promotes equitable outcomes for all learners and it can respond to the diverse needs of students.

Taken together, the right to education means equipment and teaching materials match needs, teaching methods, and curricula suit the needs of all children and promote acceptance of diversity. Reasonable accommodations and supports are provided to give disabled people equal opportunities to succeed. This includes providing accessible transport, accessible physical environments, appropriate books, resources and other material in appropriate formats (Braille, sign language, etc). All teachers are trained in teaching disabled people and specialist teachers are appropriately skilled and qualified. Teachers' attitudes and expectations encourage the abilities of disabled people. Opportunities are provided in all subjects and extra curricula activities.

This is not impossible, it is as it should be, no less and no more than for other New Zealanders. Full access to, and equal opportunities in, education is a right. The Disability Convention spells out very clearly how to make this real for disabled people.

Everyone is responsible to help ensure the right to education for disabled people happens. The Government is responsible for making sure legislation, policy, practice and monitoring processes enable the right to education for disabled people. The Human Rights Commission advocates for the right to education, deals with complaints and provides independent monitoring. Non-government organisations, parents, teachers and peers need to be involved in the design and delivery of policy and practice and help with monitoring and raising awareness of issues.

The Government is currently reviewing "Special Education". A discussion document (see article in this newsletter) is seeking feedback on 10 key questions about the best way to support students with special education needs. The Disability Convention can go some way in helping to answer these.

The long running case was between nine parents and their severely disabled adult children and the Ministry of Health. The Ministry pays for carers to look after severely disabled adults, however if the carer happens to be a family member, they are not eligible for the payment.

In the landmark decision the Human Rights Review Tribunal decision has found the parents have been discriminated against by the Ministry of Health because "they are not allowed to be paid for the services they provide to their child (or children) while anyone else providing the very same care to their child (or children) is able to be paid."

The Tribunal did not accept that the support given by family members to "heavily dependent persons", particularly when they reach adolescence and adulthood can be considered as "natural" support.

Ms Noonan said the decision was important because it is clear that the Ministry's policy was discriminatory and that Government policies must now take account of human rights law. It also extends the choices a severely disabled adult can make about his or her care

The Chief Human Rights Commissioner has requested meetings as soon as possible with the Minister of Health Tony Ryall and the Minister for Disability Issues, Tariana Turia.

"This is an opportunity for the Government to allow this group of parents, and those in a similar situation, support and dignity for what is for many of them round the clock care for their disabled adult children."

The Ministry of Health has 30 days to decide on an appeal to the decision. Ms Noonan said," Any appeal would constitute a further unconscionable delay in ensuring these long suffering families -both parents and the disabled adults - can finally receive justice."

Some of the parents involved in the case plan to contact their local members of parliament to ensure they are fully informed about the f the decision and the unlawful discrimination they have experienced since 2002.

They will ask the MPs to support immediate action by the Government to stop the discrimination and to start paying them what anyone else doing the same work would be entitled to receive.

The Tribunal found:

• The Ministry of Health has been discriminating against this group of parents and they should receive the same allowance they would be eligible for if the carer was not a family member
• The care the parents have provided was not "natural support" but met the criteria for disability support
• There was no evidence to show that the financial impact would be unsustainable for disability sector funding. The Tribunal said, "Our own intuitive view is that the impact is not likely to be great, within the disability sector."
• The Ministry of Health's action in this case "acts against several of the accepted objectives of the NZ Disability Strategy."

To read the Commission's media release and download a copy of the Tribunal decision go to: Landmark victory in human rights case