All people have the right to a life of dignity and freedom from discrimination.
Te Kāhui Tika Tangata Human Rights Commission says the Legislation (Definitions of Woman and Man) Amendment Bill falls short of the government’s human rights obligations, and risks harm to communities who continue to experience discrimination on the basis of their gender identity. The bill passed its first reading on Wednesday.
The NZ Bill of Rights Act 1990 and the Human Rights Act 1993 protect people in Aotearoa New Zealand, including transgender, non-binary, and intersex people, against unlawful discrimination. The Commission has long interpreted the prohibited ground of sex discrimination as being inclusive of gender identity, accepting complaints of discrimination from transgender people on this basis.
“There’s no need to define ‘man’ and ‘woman’ in the law because the law already works well using the usual meaning of those words. Adding strict definitions can create confusion, leave people out, and cause problems without actually changing how the law works,” says Equal Employment Opportunities Commissioner and Women’s Rights spokesperson, Professor Gail Pacheco.
“Consultation is needed with the communities that would be affected by the proposed legislation. Everyone has the right to be involved in decisions which affect their lives.”
Disability Rights Commissioner and Rainbow rights spokesperson, Prudence Walker adds: “This Bill does not advance human rights. I am concerned this legislation will trample on the mana of trans and intersex people, who already face well-documented discrimination in Aotearoa. It also attempts to completely erase non-binary people.”
“Tangata whenua have experienced firsthand what happens when language is weaponised against a people,” says Indigenous Rights Governance Partner, Dayle Takitimu. “There have always been diverse gender identities in Aotearoa, and this narrowing of peoples’ identities would be another colonial harm inflicted on those communities.”
Under international human rights standards, all people have the right to define their own gender and be free from harm based on their gender.
The Attorney-General wrote a 2006 opinion concluding that transgender people were covered by the Human Rights Act. More specifically, the opinion found that the prohibition of discrimination on the ground of sex in the Act includes prohibition on the ground of gender identity. The Commission has taken this position since 2005. Last year, the Ombudsman supported our interpretation of the Act, finding that it aligned with our statutory obligations and under international law.
We encourage trans people to make use of our resource Trans Rights are Human Rights. More data about trans and non-binary people’s experiences can be found in the Counting Ourselves Health Survey.
While Te Kāhui Tika Tangata Human Rights Commission can’t make findings or decide if the law has been breached, we can help by providing information and support and in some cases can offer a dispute resolution process for complaints.
If someone believes they have experienced unlawful discrimination, they can make a complaint via our website ( https://tikatangata.org.nz/resources-and-support/make-a-complaint ) or by contacting us on 0800 496 877 or infoline@tikatangata.org.nz.