CEDAW/C/NZL/CO/7
recommends increased dissemination of the State party report as well as the
Committee’s concluding observations and recommendations to all Parliamentarians.
The Committee urges the State party to consider establishing a Human Rights Select
Committee in Parliament to strengthen Parliamentary oversight on human rights
generally and especially on women’s rights and gender equality.
Definition of gender discrimination and gender equality
10.
Recalling its previous recommendation (CEDAW/C/NZL/CO/6), the Committee
remains concerned that there is still no explicit and comprehensive prohibition against
direct and indirect discrimination against women within the State party’s constitution or
legislation in accordance with article 1 of the Convention. The Committee is concerned
that sufficient protection against direct and indirect discrimination by private actors
regarding equal pay for work of equal value is not provided for by law.
11.
The Committee recommends that, in the context of the current constitutional
review, the State party ensure full incorporation into the constitution and/or other
legislation, of the principle of equality between women and men in accordance with
article 2(a) of the Convention. The State party is urged to establish a legal definition of
discrimination on the basis of sex in line with article 1 of the Convention, and to
extend state responsibility for acts of discrimination by both public and private actors
in accordance with article 2(e) of the convention, with a view to achieving formal and
substantive equality between women and men.
Visibility of the Convention, the Optional Protocol and the Committee’s general
recommendations
12.
While noting with appreciation that the Ministry of Justice launched a website on
human rights in 2010 which provides information on the Convention and its Optional
Protocol, the Committee remains concerned that the State party has not taken adequate
action to promote the visibility of the Convention throughout the country. The Committee
is concerned that many women are not aware of the complaints mechanism under the
Optional Protocol and that there is inadequate knowledge of the rights of women under the
Convention. The Committee is concerned as well that there has been insufficient action
taken on behalf of the State party to train judges and lawyers on the Convention and to
integrate it into the State party’s legal framework.
13.
The Committee urges the State party to:
a)
Enhance women’s awareness of their rights and the means of access to
justice at the national and local levels for women claiming violations of their rights
under the Convention, and ensure that information on the Convention is provided to
women in all parts of the State party, including in schools and tertiary education
institutions as well as through the use of information campaigns and the media; and
b)
Disseminate the Convention, the Optional Protocol, the Committee’s
general recommendations and its views on individual communications and inquiries
among all segments of society, and organize legal education and regular training for
government officers, legislators, judges, lawyers, magistrates, prosecutors, the police,
and other law enforcement officers on the Convention and its applicability so that it
can serve as an effective framework for all law, court decisions and policies on gender
equality and the advancement of women.
Access to justice and legal complaints mechanism
14.
The Committee is deeply concerned about the State party’s tightened funding and
proposed eligibility criteria for legal aid, which have led to fewer applications by women
3