The Disability Support Services Bill threatens to undermine the rights of disabled people, tangata whaikaha, their families and whānau, and worsen the lives of families who are already struggling, says Te Kahui Tika Tangata Human Rights Commission.
The Commission is calling for a fairer, rights-based approach to disability support, as the Disability Support Services Bill progresses.
The bill, introduced this week, aims to clarify that the Crown is not the employer of family carers, following a Supreme Court ruling (Fleming v Attorney-General) which held that two parents caring for their disabled children should be considered government employees.
The bill would remove the right of family carers to seek remedies (such as additional wages or compensation) through the Employment Relations Authority.
“Restricting the ability of disabled people and their families to seek justice and advocate for their rights is very concerning. Carers, including family members, need to be fairly paid as workers.” says Disability Rights Commissioner Prudence Walker. “Legislating to overrule Supreme Court decisions is not a just or fair way for government to work.”
“In addition, the bill’s aim to define disability support as a ‘contribution’ from the Government is likely to worsen the lives of families already struggling with financial hardship,” says Walker. “There is clear evidence showing disabled families are more likely to face poverty.”
The bill’s provisions could be seen as contradicting New Zealand’s obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD), which emphasises the importance of autonomy, independence, and equality for disabled individuals.
“We echo the concerns of disabled people and their families about the lack of consultation before the bill was introduced, when the well-being and rights of disabled people are at stake,” says Walker. “A fairer and supportive rights-based approach is essential given the critical role family carers play in supporting disabled family members to live and participate in their communities.”
The bill’s introduction follows the recent announcement that Kāinga Ora – Homes and Communities has dropped its annual targets for creating accessible homes, that financial subsidies for Total Mobility have been reduced, and the Lottery Grants Board will no longer fund Lottery Individuals with Disabilities, which provided support for assistance dogs, communication equipment, vehicles, vehicle modifications, scooters and other mobility equipment.
Walker stresses the importance of upholding the rights of disabled people, as enshrined in the Human Rights Act 1993 and the NZ Bill of Rights Act 1990.
“At the moment, disabled people’s rights, autonomy and ability to pursue a good life are being reduced instead of progressively improved – especially the right to seek redress.”
“It’s crucial that any legislation respects and promotes these rights. The right to autonomy and the ability for disabled people to pursue a good life must be supported.”